I know a lot of you don't know about bankruptcies, but I'm hoping someone can help me out. I filed for BK in Sept 2003. I included a truck (my ex's) that I voluntarily surrendered. In looking at my CR, I see that the bank on this loan has reported to the CRAs that the loan was 90 days late in Nov 03 and Charged Off in Jan 04. Both of these reports came after my BK was filed, and one after the discharge was granted. It seems to me then that this is a willful and deliberate attempt at retaliation for my filing BK. I am wondering exactly what grounds I have with this bank re: violations and demands. Please, suggestions on how to proceed. And thank you all for all the help you've given directly and indirectly. I'm still trying to read all the posts on here.
I suspect if you talked to your BK attorney, he or she would be very interested in making some quick money by filing on your behalf. These are definite and willful violations of the bankruptcy code. Then you don't have to figure anything out. Let the attorney figure it out. They'll take a big cut, but on the other hand, they'll go for higher $$ than it would probably occur to you to try for.
1) was your ex on the vehicle loan? 2) did they try to collect from your ex? 3) did your ex file bankruptcy? 4) have you notified them of this mistake? i'm sure your not the only customer who has ever filed bankruptcy and it is showing charged off because they weren't able to collect from your ex. i know my banks system can't report two seperate things on one account. chances are they aren't even aware it is being reported incorrectly.
No, the loan was solely in my name because of his crappy credit before we met (and he managed to help pull me down too, but that's another story). I haven't notified them that it's being reported incorrectly yet because I'm trying to dispute it first. I just got very very steamed when I saw this because it seemed like a flagrant act of retaliation to me.
Forgive my stupidity, but I don't see a violation. Both these posts have to do with their internal bookkeeping, not your Bankruptcy. Yes, the TL should show IIB, but that is correctable and certainly (at least at this point in time) doesn't rise to the standard needed to sue over. All the TLs show is that after you filed BK, the account was delinquent (logical since you surrenedered the vehicle and no longer paid on it) and that they charged off the balance (which in a BK they have to do, since they can't collect on it from you). Actually, they are doing you a backdoor favor, since they COULD be reporting it as a VOLUNTARY REPOSSESSION, which is alomost as bad as a Repo, especially to auto finance companies.
