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Experian Reporitng Lates after Filing

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    Experian Reporitng Lates after Filing

    I have been fighting with Experian since diacharge of my Chapter 7 on July 7, 2011. Trans Union and Equifax cleaned my reports to correctly show no lates or charge offs and all account discharged with zero balance. I had no late payments or charge offs prior to filing my Chapter 7. I filed a complaint with Division of Financial Regulation in Maryland as CRA's must be licensed and the response to them from Experian was "Experian seeks to report a consumer's credit history accurately. Delinquencies that occur after the petition date but before the discharge date are part of a consumer's credit history as they occur at a time when the consumer has not yet been discharged from the debt. Experian does not report delinquencies occurring after the debt has been discharged." I have been fighting the creditors 1 by one with success but is Experian correct? And if not what law or ruling says they are not correct?

    #2
    I hate to say it, but Experian's position is an arguable gray area. The majority of cases that even broach the subject of credit reporting after bankruptcy all relate to issues around "post" discharge reporting.

    However, let's make sure you are doing this correctly.

    You mentioned reporting DFR, I assume you disputed each account with Experian directly. The first step in any credit dispute is to dispute with the credit reporting agency, in this case Experian.

    But I do agree, I don't think that the reporting of late payments post BK filing, but pre discharge, is an "accurate" report since the automatic stay prevents collection of those funds, but at the same time, but there is a counter argument.

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