Bank still reporting late payments 2 years after filing/discharge

[redquartz]

I filed Ch 7 in July 2009, discharged in Nov 2009. I had a mortgage on a business property that I did NOT reaffirm, but did list it in bankruptcy. The bank is still reporting late payments in Aug, Sept, Oct and Nov of 2009. If the bank foreclosed on the property in 2010 can they still report these late payments? I thought that creditors can not report any derogatory information after date of filing. Does this hold true for foreclosures?

[Charlie777]

Lenders can report accurate late payment information "prior to BK". Credit reporting is "collection activity", and the automatic stay is put in place by the filing. While a lot of people say that means they can't report after the filing date, I've never seen any direct citation of statute or cases that says this unequivocally. Credit reporting after discharge would violate the permanent stay, and I see lenders doing what you see, reporting delinquency through the month of discharge. The lender may argue that you owed those late payments until the debt was discharged, while ignoring the automatic stay that began with filing.

If you have a BK attorney I would ask there first. It may make you feel better to write the lender with a copy of your filing citing the automatic stay and reporting thereafter but I doubt you'll get this changed.

The problem is lack of reasonably effective consequences for the lender. As I understand it, to act against them for a violation of either the automatic or the permanent stay requires an Adversary Proceeding in BK Court, which would probably mean reopening your case...

[redquartz]

I had 5 other accounts that reported charge off's in the months AFTER I filed but before the discharge. I filed in July 2009 and it was discharged in Nov 2009. The charge off's are being reported in the months of Aug, Sept and Oct of different accounts. Back in January 2011 I disputed these items and they were verified and updated with the correct information and the late payments and charge off's were deleted. I ran my credit again in Aug 2011 and they were all back on!!!!! So I just called Experian and tried to get the whole account removed because it was corrected then put back on. The lady said that they can not be removed but I can dispute them. Why dispute them when I already did and they were fixed, and then put back on?????? I also questioned the automatic stay that is put in place after you file and she said it is after it is discharged NOT after you file. That the accounts can report late payments all the way up to the discharge date. I have read on this forum and other forums about how they CAN NOT report anything derogatory after the filing date. Does anyone know where this is written? I am so confused right now any help will be appreciated.