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Is Chase in violation of automatic Stay?

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    Is Chase in violation of automatic Stay?

    Happy Tuesday everyone!
    I am on day 62 pending Chapter 7 discharge. We have 80/20 both loans with Chase. (current on 1st, stopped paying HELOC after 341 meeting May 1st), all purchase money
    We received shortly after filing the notice to still communicate in regards to the 1st mortgage, not a reaffirm,just verification that chase can contact us in event of default, no problem.
    the HELOC had contiunued to call and harrass, they spoke to my husband 6/4, then me on 6/10, both of us giving them our attorney's name, number and our BK case #.
    Fast forward almost 1 month later, on 7/2 chase (or bank one?) posted a 30 day late on my credit report.

    1. Should they have reported a 30 date late? Are they allowed to do that? should I Contact chase, or just wait for discharge?
    2. I am guessing once I have the discharge, I will need to supply it to chase (probably 100 times), before they 0 out the balance and note IIB.

    any advice or experience in this would be helpful, thanks!

    #2
    We are having trouble with most banks posting late notices post-filing date. They claim the date to stop filing to the credit bureaus is the discharge date. We have been fighting with them for a couple of months with no change but we haven't given up.
    Lawyer - $3000
    Filing fee - $299
    Fresh Start - Priceless

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      #3
      Should they have reported? Nope.

      What can you do about it? Upon discharge, get a copy of your credit report and dispute the report with a copy of this discharge. Should be IIB.

      Now, realize that credit reporting is a best guess, and that the agencies only (pretty much) report what is reported to them. But, upon being notified of a mistake post-BK discharge, this should get corrected.

      Don't feel that it is necessary to check your credit every week because this might fix itself. But if you wish to monitor your credit closely, realize that it will be a year or two before your credit score makes any difference anyway. Until then, any credit offers you will get are essentially because you were discharged (or from pity). But I do encourage you to fix mistakes.

      Comment

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