Can creditors report late payments after my filing date? I filed for bankruptcy in November and creditors are reporting late payments in December and January? Is this legal?
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Can creditors report late payments after my filing date?
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Creditors can list late payments/charge offs prior to your filing date but after your filing date they cannot list late payments / charge offs. Those items need to be disputed and since you have already done that, you will need to contact the creditor directly to have that changed and copy the CRA on that letter. It may take time but you will get it resolved._________________________________________
Filed 5 Year Chapter 13: April 2002
Early Buy-Out: April 2006
Discharge: August 2006
"A credit card is a snake in your pocket"
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Originally posted by Flamingo View PostCreditors can list late payments/charge offs prior to your filing date but after your filing date they cannot list late payments / charge offs. Those items need to be disputed and since you have already done that, you will need to contact the creditor directly to have that changed and copy the CRA on that letter. It may take time but you will get it resolved.
I filed for BK in November and nobody reported any late payments. By December everything said included in bankruptcy. After I was discharged on Feb 15th then everyone reported December and January late payments. Can they do that? I have dipsuted it 2 times and both times they said that the information was correct.
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Did you file pro se or use a lawyer?
Best,
ResearchMode
A mom on the Gulf Coast of FL in the process of filing CH7 and blogging about it. (link removed)A mom on the Gulf Coast of FL filing CH7 and blogging about it. http://chapter7beforeandafter.blogspot.com
Retained Lawyer: 4/5/10. Filed: 6/17/10. 341: 7/21/10. Discharge Date: TBA
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They are not opposed to report late payments after the filing. It usually takes 2 to 3 weeks after the filing for creditors to be notified. But if you're filing bankruptcy it really doesn't matter because all of that is going to change to zero balance and bankruptcy. I wouldn't worry about my credit and the way it's being reported at this time. I would work to change my habits and build my credit from here on out.
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I ask because if it ends up becoming a big issue, you already have a relationship with a lawyer who knows about bankruptcy and can answer those questions for you and possibly help.A mom on the Gulf Coast of FL filing CH7 and blogging about it. http://chapter7beforeandafter.blogspot.com
Retained Lawyer: 4/5/10. Filed: 6/17/10. 341: 7/21/10. Discharge Date: TBA
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A BK attorney handles BK. His/her work is done when the BK has been closed. Most don't assist with post-BK credit reporting issues.
I, too, have some interesting issues with my CR (including late payments that were never late). I'm two months post-discharge and I've filed disputes. My first round of disputes yielded mixed results. I'm on round two awaiting responses. I verbally contacted one of my secured creditors to inquire and substantiate my claims. Should my current disputes return incorrect, my direct mailing campaign will commence. It's a tedious process which requires patience and perseverance.*Filed: September 23, 2009 *341: November 4, 2009 *Discharged: January 4, 2010 *Closed: January 20, 2010
Hakuna Matata...it means NO WORRIES!
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Originally posted by HakunaMatata View PostA BK attorney handles BK. His/her work is done when the BK has been closed. Most don't assist with post-BK credit reporting issues.
I, too, have some interesting issues with my CR (including late payments that were never late). I'm two months post-discharge and I've filed disputes. My first round of disputes yielded mixed results. I'm on round two awaiting responses. I verbally contacted one of my secured creditors to inquire and substantiate my claims. Should my current disputes return incorrect, my direct mailing campaign will commence. It's a tedious process which requires patience and perseverance.Case Closed > 2/08/2010
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