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Can a creditor report derogatory info on your credit during active BK?

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    Can a creditor report derogatory info on your credit during active BK?

    I have information reported in August and I filed in January...what should I do if anything?

    Thanks

    #2
    If the information is accurate, they are okay to report anything that is pre-petition. Realize that many creditors report "monthly" (automatically) but the real thing you have to look at is the "last activity date". There is some argument over whether they can report "activity" up to discharge or only up to the filing of the petition.

    In any event, they should not be reporting on anything that is subject to discharge (and is actually discharged). I'm assuming that you have received a discharge. I would file a dispute (electronically at first) with the credit bureau(s). After that, then followup with a written dispute to the credit bureau(s) if that doesn't "fix" everything.

    In the end, the reporting can be for anything "true" up to the date of filing (or discharge). However, all your accounts should read "Included in Bankruptcy" with a $0.00 balance.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Thanks justbroke, it's not discharged yet, I filed in January and am in a 5 year plan and it said it was charged off. They said I had made a payment in February which is not true because I did not make any payments after filing and no payments a few months prior.

      I'll start with filing a dispute.

      Comment

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