I have an unpaid charge-off from Fleet Bank. The account was a joint account. I was discharged in Chapter 7 on Friday, April 4. Fleet has listed it correctly on my credit report but it is now showing up on dh report as a chargeoff on an individual report. Is this correct? He was not included in the Chapter 7. Prior to the bankruptcy, I had successfully removed it from his cra accounts. Any suggestions?
The problem is before my bankruptcy it was shown as a joint account. Now, they have sent us a letter saying they researched the account and discovered he is the primary account owner, not joint account holder. I have written a letter and asked for verification that he is the primary account holder. I wonder if they are trying to get around showing it as "included in bankruptcy".
If he was joint or primary, only your part of the responsibility was included in BK. He is still responsible for the whole thing. Since he wasn't listed on the BK, they could still come after him.
In fact it can even be even worse! My ex during our divorce was awarded several credit card debts that were joint. She filed BK shortly after all was final. Apparently the OC/CA method of dealing with this was to simply remove her name from the accounts (so there wasn't any chance of an automated collection attempt) leaving only my name. All OC and CA records reflect only my name as the stuckee. I challenged the discharge of these in her BK hearing since the payment of them was used to compute alimony. They were NOT allowed to be discharged but of course adding her name back to any of the accounts turned out to be impossible.
I don't dispute that he is legally liable for the joint debt. What I can't understand is how they can list it on his report as an individual account. Shouldn't it report as joint with bankruptcy by co-owner? or something like that? Wasn't there some lawsuit recently about reporting joint debts and bankruptcy of one of the parties?
There is something about that... People have been turned down for loans, because of accts they were joint on being marked as "Incl in BK", and it was the other signer that had filed. I think I read where it was about to go into settlement, but haven't followed it closely. I don't think either way it is going to help the joint holder in your case. It is still a legal CO to him.
Hold up there! Just reread this post. Was he notified within 5 business days of the reinsertion on his credit reports by the CRAs? Dollars to doughnuts you'll say no, and if thats the case, that is the way I would attack it.
It is a violation of the FCRA to reinsert previously deleted information without notifying the consumer within 5 business days. You might want to read Sec. 611(5)(B). Also, do a search on reinsertion. There are many examples of letters you should write to the CRAs demanding the TL be deleted. Good luck!
