Curiosity about a chargeoff after filing.

[lcnm]

I have an Account that went to collections about 5 years ago. The total due was $198.00. They OC sent it to a collections agency, who attempted to call for a little while , then gradually backed off to just once or twice a year sending a letter or calling (really weird for a bill collector). I have always intended to pay this, just never had the mney, and other were crying far louder.

So the original creditor has been dutifully reporting the account as a charge off every month since (at least until april of last year , last time I checked).

In July of last year we filed for CH13, and are at a 100% pay out. This creditor was included in the filing, but did not file a claim. WE are about to pull our credit reports to see what if anything has changed (better or worse). I suspect this creditor is still reporting this account (I'll now for sure in about 2 weeks I guess).

Can they, (or any one else) continue to report the charge off once the case has been filed and a plan approved, even though they didnt file their claim in time?

[woeisme]

they can keep reporting the debt, should change it to included in BK or wage earner plan, but they can keep it on the report for the 7 years from filing the CH 13. It is included in the CH 13 because you included them in the creditor matrix, whether they filed a claim or not, and it isn't discharged debt because you haven't completed your plan yet (if you let CH 13 dismiss for any reason you still owe the debt so given the high rate of failure of CH 13's, while it might seem reasonable to say they should stop reporting it since it'll eventually be discharged, until that discharge actually happens, they will probably want to keep reporting and will resume collection efforts if your CH 13 fails.) Then when CH 13 is done, it can be reported but as discharged in BK until the 7 year date is up.