Discharged 13 but acct from dismissed chap. 13 still on CR

[Tquan316]

Hello Everyone,

In 2006, I filed chapter 13 after having another chapter 13 dismissed earlier that year. Thankfully, my second chapter 13 was discharged in 2012. My auto loan with Regional Acceptance was included in both bankruptcy's. Regional is reporting the acct included in bankruptcy chapter 7 with my last pymt as 7/2014 and my 1st serious delinquent pymt as 8/2013. I disputed this acct with Equifax but they said it states included in bankruptcy chapter 7 and chapter 7 stays on my report for 10 years. I understand my dismissed bankruptcy will remain for 10 years but I was under the impression the auto loan should've be removed after 7 years from my discharged chapter 13. I plan on writing a letter to Regional Acceptance about the dates and hopefully removing the account.

My question is, should the acct be removed 7 years from my dismissed chapter 13 or my discharged chapter 13?

Thanks in advance for your advice.

[justbroke]

No. It's 7 years from the date of first delinquency. Your problem is probably that the creditor reported you as having a first delinquency recently.

Also, your Chapter 13s both come off after 7 years.

Try writing to Equifax with your Schedule A-F, your discharge, the Proof of Service for the discharge, and a letter indicating that they are incorrectly reporting this information because the debt was discharged in a Chapter 13, and the date of first delinquency was the date of filing the Chapter 13 (in 2006).

[Tquan316]

Justbroke thank you for your reply. I submitted a copy of the trustees summary which included regional acceptance as one of the accts and they still did nothing. I will contact regional by phone and mail.

Thanks again

[cz3ch]

You can always get your attorney involved in this. It might carry more "weight" coming from legal.