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    Question about credit report.

    Its been over a year now since we filed bk. I checked our credit report and have been seeing this on several accounts.

    Account History:
    "Charge Off as of Aug 2008
    60 days past due as of Jul 2008
    30 days past due as of Jun 2008
    Filed Chapter 7 Bankruptcy on Sept 30, 2008"

    And some accounts are listed like this:
    "Account History:
    Debt included in Chapter 7 Bankruptcy on Sept 23, 2008"


    We filed our bk in June of 08, can they list these payments as past due? Some of the creditors have them listed as late and some like this "past due."
    I was just curious what they were allowed to list on you report.
    I was thinking once you filed they were under the protection of the bk and not due or late anymore.


    Thanks Dennis

    #2
    The creditors are not reporting correctly on your report.

    They must report correct information or it is a violation of the FDCPA.
    The tradeline should read: iib as of your bk FILING date, with a zero balance. The only time a charge off can be reported is if it occured prior to your BK filing date. For all of those lates and charges offs after the filing date, you can dispute with the CRA's and the OC's and CA's where applicable.
    Filed CH 7 9/30/2008
    Discharged Jan 5, 2009! Closed Jan 18, 2009

    I am not an attorney. None of my advice is legal advice in any way..

    Comment


      #3
      Thanks for the reply, but could you explain that again in plain English.....lol.
      Not quite what all the abbreviations mean.

      Thanks again,
      Dennis

      Comment


        #4
        Hi Dennis1971:

        FDCPA = Federal Debt Collection Practices Act
        iib = Included In Bankruptcy
        CRA = Credit Reporting Agency (most likely. Several different explanations came up when googled.)
        OC = Original Creditor
        CA = Collection Agency
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

        Comment


          #5
          We actually filed in June of 2008 and were discharged in Sept. So does this mean that anything during or after June should only be listed as "iib as of your bk FILING date, with a zero balance?"
          Can they list the history like
          "Account History:
          90 days past due as of Sep 2008
          60 days past due as of Aug 2008
          30 days past due as of Jul 2008?"

          I thought our lawyer said anything after our "Filing date" was protected under our bk. But I'm not sure if they can still list it as past due or not.

          Thanks Dennis

          Comment


            #6
            No, you should be showing past due for dates after you filed. I have one already (Crapital One) that is doing this. I already disputed it.
            New Orleans: Home to the World Champion Saints, the biggest enviromental disaster and the biggest natural disaster in the history of this nation. Proud to call it home!

            Comment


              #7
              Originally posted by LSUTiger32 View Post
              No, you should be showing past due for dates after you filed. I have one already (Crapital One) that is doing this. I already disputed it.
              to referring Capital One as Crapital One. Anyone got a name for BoA and have issues with BoA?
              Chapter 13 filer since Feb. 2018 under a 60 months payment plan
              Please think positive and do not give up!

              Comment


                #8
                Originally posted by LSUTiger32 View Post
                No, you should be showing past due for dates after you filed. I have one already (Crapital One) that is doing this. I already disputed it.
                Did you mean to say, "you shouldn't be...?" Because if its normal for them to show past due, why did you dispute it?

                Thanks again,
                Dennis

                Comment


                  #9
                  Sorry about all of the abreviations. Angelina gave you all the right info!

                  For your credit report, your file date should read June 2008. Any creditor that charged off before June 2008 can report the charge off. Any late payments or charge off's after June 2008 can not be reported on your credit report UNLESS it is a new line of credit that you received after your bankruptcy.

                  All of the open charges at the time of filing should read iib (included in bankruptcy) and should show a zero balance. If you were not late with your payment prior to the bankruptcy, they can not show lates after your file date. (Not discharge date - your file date). You have to stay on top of the creditors because they have a habit of not reporting correctly and it is a violation for them to not report accurately.
                  Filed CH 7 9/30/2008
                  Discharged Jan 5, 2009! Closed Jan 18, 2009

                  I am not an attorney. None of my advice is legal advice in any way..

                  Comment

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