charge off after discharge - PLEASE, PLEASE HELP

Submitted by Page on Fri, 09/11/2009 - 00:50
Forums

Help! I have been discharged of bankrupcty since 2006. One credit agency is still reporting that I have recent charge offs. This was an unsecured loan and it was included in the BR. The BR paid a total of $600 which left $453 not paid but (am I correct) in the courts eyes it is paid. I have disputed with all 3 credit bureaus and equifax is the only one that still reports charge offs as 9/09. I have sent a certified letter threatening to file for Motion of Contempt (Goodfellow vs Discover). What do I do now? Can the credit agency do this? What kind of lawyer do I get?

Hi Page

The FTC (federal Trade Commission) offers free guidance on how you can dispute incorrect listings like this. You may check ftc.gov/bcp/edu/pubs/consumer/credit/cre21.shtm

However, You may dispute the listing with Equifax and attach a copy of your credit report where you must point out the inaccurate listing and also a copy of the order of discharge that you have received from the bankruptcy court. Equifax will then send it to the creditor to get the report corrected. This should do it. Don't worry this bad listing will be removed from your report.

Fri, 09/11/2009 - 09:21 Permalink
Sarah_123 (not verified)

Hi Page

I understand your problem. Well, the first thing is that you had filed for a bankruptcy and have got a discharge of bankruptcy which states that you are stile paying the debt by some means. It cannot be paid in the eyes of the court as you have stated because $453 is still left to be paid and it is mentioned in that way in your credit history.

To clarify things you can talk to the creditor and ask them to talk to the CA which is still displaying a record of charge offs. Ask them to provide a proof in written that shows that either they have forgiven you the debt amount left or that you have paid the entire amount. Remember that bankruptcy does not release you from clearing the debts. This also creates a negative impact on your credit history. It is always better to pay your debts on time or work put an alternative plan to clear them gradually. A bankruptcy attorney can help you to carry out proceedings.

All the Best :-)
Sarah

Fri, 09/11/2009 - 10:59 Permalink
Edward (not verified)

Hello Page,

You have said it all but you did not mention whether you filed a chapter 7 bankruptcy, that is, you have sold your assets to pay the debts or you have filed a chapter 13 bankruptcy where you have paid it through an alternative plan? If you had thrown some light on that matter it would have been easy for me to give suggestions. Anyway there might have been irregular payments in your credit report in case you had opted for chapter 13 bankruptcy. Check the credit report properly and find out if that has happened.

Don't Worry Be Happy :-)
Edward

Fri, 09/11/2009 - 11:54 Permalink
matzcrorkz (not verified)

KjoTr8 wow, awesome article.Really looking forward to read more. Awesome.

Tue, 08/05/2014 - 01:04 Permalink