Currently in BK question

Discussion in 'Credit Talk' started by Ree, Jul 28, 2001.

  1. Ree

    Ree New Member

    I want to thank everyone on this board with all the new insight I have learned. I filed for BK Chp 7 in May and went to the hearing in June. BK should be dismissed in Sept. I just pulled up my credit report and see that a few items are not showing "currently in BK" For example I had a Cap One V and a Cap One MC - acct numbers are one digit off from the other, filed both and only one showing a charge off and the other showing included in BK. The other - a car loan I defaulted on back in 12/99 through NBD bank, which was bought out by Bank One then went to a CA still showing seriously past due. When I filed I listed the original bank. I think before the discharge I still have time to file an amendment. Any suggestions would be greatly appreciated? I need to make sure all debts are in this BK - the last thing I need is to show I filed for BK but sill have past due accts!
  2. dlo64

    dlo64 Well-Known Member

    When you went to your trustee meeting, your attorney should have provided you with a schedule of the creditors you filed for your review. It is VERY important to verify this information and make additions if any info was left off or any corrections to the schedule. You have time between this meeting and the time of discharge to amend this list. If you have the list amended, make sure you get a copy of the amended list. This is your proof of which creditors you filed BK against. You will possibly need this list when trying to obtain a bank loan.

    There is the possibility that the creditors that have been filed, but are not reporting the account being filed is that the proper dept. with the creditor did not receive the BK papers. A sure sign of this is if you are still receiving collection calls.

    If your schedule of creditors is correct, I would wait until after the BK is discharged before correcting your report. Then what you could do is to first dispute the accounts and hope for deletion from the CRA. If the account comes back verified, then I would contact the creditor directly and mail them a letter with a copy of the discharge and the a copy of the schedule of creditors listing them on it (I would blacken any other accounts out) and send it to them certified/return receipt. Tell them that they are reporting the report incorrectly and enclose the supporting proof and tell them they need to correct their error as it is a violation of the FCRA.

    What you do not want to do is send any BK paperwork with any dispute to TU, Experian, or Equifax. Simply dispute the account as a not your account and leave it to them to verify. In this situation, if it comes back verified, you are much better off getting it corrected through the creditor directly.

    Don't feel bad. I filed Chapt. 7 last August and right now I have four accounts reporting that I filed Chapter 13, one that is reporting Chapter 11, and one that has me still in BK process (they are showing I filed in 2/01 when the BK was discharged in 11/00). So needless to say I have a long road ahead of me, but I am working at it. Also, others on this board may have some other advise and I would also take what they say under advisement as well. There are a lot of smart members here that have gone through our dilema.
  3. Ree

    Ree New Member

    Thank you very much for this info. I will check the schedule ASAP. I have not received any collection calls for the past year, I had moved 2 years ago though.
    I think I have a unique situation with the car loan, they have not come after the car that I have defaulted payment on for 2 YEARS! I thought I would have heard from them once filed. I know it is only a matter of time to turn the car back in.
    Thanks again.

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