past due after filing BK

Discussion in 'Credit Talk' started by ShyGuy, Nov 29, 2001.

  1. ShyGuy

    ShyGuy Well-Known Member

    Can a creditor keep adding to the past dues after someone has filed for Chapter 7?

    I have one discharged account that lists as discharged in BK/120 days past due. But the account was current when I filed for Chapter 7. (It wasn't a big debt, and I would have even offered to reaffirm it if I had about reaffirming debts at the time.) The past dues after all from when the account was in the bankruptcy process -- when my lawyer said I wasn't to make any payments to anyone.

    Is this right? Can the creditor report this way? No other creditor reports this way. (This is the one creditor that has always refused to report correctly. It took a year's worth of phone calls and certified letter for the creditor to even acknowledge the debt was discharged.)

    Thanks.
     
  2. KristyW

    KristyW Well-Known Member

    Just wait until after your BK is discharged. Then you can challenge the listings and get them to read "included in BK". I wouldn't worry too much about this now, your BK is going to completely overshadow that one listing.
     
  3. newstdt

    newstdt Well-Known Member

    NextCard, Discover and FUSA all have done this to me on my reports and my situation was just as your is. Cap one and Sears reported just fine. We NEVER paid late and they're counting the time of my chapter 7 for these lates. I know it's frustrating, but I've been disputing and they won't budge. I've disputed as "never late". Well, I have been told also that it really doesn't matter. The BK speaks for itself. What does matter is that your account shows as "zero" and "Included in Chap 7 or Discharged in Chapter 7".

    I know that when I got my last report back from TU, according to them, one of the four key factors they used to calculate their score is:

    Factor 2: Months since most recent serious delinquency is too short. Your credit report relfects a delinquent payment history. Making prompt payments over time may improve your score.

    HOW DO YOU SPELL FRUSTRATING!!!!!

    This makes me want to scream!! Yes, the BK is bad enough, but this is too much. Let's punish people even more and really sock it to them.

    I'm going to keep disputing. I'm going to try during December though I doubt I'll get anywhere.

    Good luck to you and if you find out anything PLEASE let me know!!!!!!!

    newstdt
     
  4. Jim

    Jim Well-Known Member

    Hey Shyguy!! Welcome back to the board.

    I don't know if the creditor can legally do this but it happened to me too on one discharged account and only on TU.

    Personally I don't think it makes any difference as long as the account shows discharged. Is it legal, I don't know.

    Are you still using Bradley Ross?

    Best regards,

    Jim
     
  5. ShyGuy

    ShyGuy Well-Known Member

    Hi, Jim

    Yes, I'm still getting 2-4 deletions per CRA per dispute. But I'm having some problems because I moved to a new state and a couple of the CRAs are using that to delay -- asking for ID and proof of new address. (Out of work after my employer filed Chapter 7.)
     
  6. Jim

    Jim Well-Known Member

    Hi Shyguy!!

    Sorry to hear about the job situation. Hopefully things will improve for you.

    I find it interesting that you have had some pretty good luck with Bradley Ross. For some reason this law firm gets very little publicity here.

    Here is my situation these days.

    EX is clean - no negatives.

    TU has 2 discharged BK accounts showing but no public record of the BK. They will be challenged at a later time.

    EQ shows the public record of the BK and 2 discharged BK accounts. I may not be able to get rid of these negatives until they get removed at the 10 year and 7 year mark respectively. My intention is too dispute them again in another year.

    Jim

    Did you see my recent postings about Target? They gave me a $10K card at 12.9% apr. two weeks ago after pulling Equifax. I was surprised as you can imagine.
     
  7. ShyGuy

    ShyGuy Well-Known Member

    Re: Hi Shyguy!!

    Jim,

    I saw the post about Target. That's great -- especially considering it pulled EQ. Target must be strictly score-driven, and you've really rebuilt. I know Nordstrom once told me its approvals are strictly by score. I haven't checked my FICOs in at least 18 months, so I have no idea what they are now.

    I was hoping to buy a house in April, but now I doubt it's possible. My profession has been hit hard, hard by the bad economy, so who knows how long I'll be without a job. But things could be worse.

    ShyGuy
     
  8. Jim

    Jim Well-Known Member

    Re: Hi Shyguy!!

    Sorry about the house and the job. Sometimes though these things work out for the best. An unforseen opportunity can arrive at any moment.

    I have been intending to leave this board for a long time now but the amount of available info here for credit damaged consumers is staggering. So I stay despite the occasional flame war or two - Or three LOL.

    Unless we read the board, how would we ever know that Nordstrom, Target, Cap One etc. use their own internal scoring in regard to BK customers like us.

    Again, good to hear from you.

    Jim
     
  9. ShyGuy

    ShyGuy Well-Known Member

    Re: Hi Shyguy!!

    I didn't mean to leave. I've just been swamped.
     

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