Creditor Reporting after bankruptcy

Submitted by Nina97488g on Tue, 02/10/2009 - 23:27
Forums

Can a creditor still report to credit bureau after you filed bankruptcy? They still update every month and change the information included in my file.

Yes, the creditor can report to the bureaus till the time the bankruptcy has been discharged. However, as soon as you file bankruptcy, all existing garnishments and foreclosure order stops temporarily till the time you receive either a discharge on your bankruptcy or your bankruptcy petition has been dismissed.

Wed, 02/11/2009 - 10:40 Permalink

I agree with Scott. Now, if your bankruptcy is discharged, then all the debts that you have included under bankruptcy will show under "included in bankruptcy" and with $0 balance. But till the time the bankruptcy is discharged, the creditor has the right to report your outstanding debts to the credit bureaus.

Wed, 02/11/2009 - 10:50 Permalink
RSC (not verified)

well...i had my mine discharged and there is one creditor still reporting i owe them money... my bankruptcy was discharged in 2006 and they last reported it in april of 2008...and it was not listed as included or anything... can i take someone to court over this...i called them and she stated it was included and i have to call the credit burou and dispute the claim

Tue, 03/10/2009 - 20:13 Permalink
Anonymous (not verified)

My bankruptcy was discharged in August 2008. WalMart, Best Buy, and Lane Bryant still report every month to th credit bureaus as if the account was still open.

Wed, 03/11/2009 - 02:27 Permalink

If you have a discharged bankruptcy in 2008, the debts that were covered under bankruptcy will show as "included in bankruptcy" and with $0 balance. Any other listing in your credit report is incorrect. You should immediately dispute the listing with the credit bureaus and get it corrected.

Thu, 03/12/2009 - 09:12 Permalink
RSC (not verified)

good news...since my last post...i disputed the aligation on my report and it was deleted :) i was superised it took such short time...i did file a claim still though with the Federal Trade Commision i dont want to have to go thru that every year...

Mon, 03/16/2009 - 15:22 Permalink
Sue (not verified)

I am in the middle of a refinance. I have a rate locked in at 5.25 which will expire soon. I am refinancing my 1st morgage that has an ARM coming due in 2010 and my 2nd morg which has an inflated rate of 13.9. The problem is Gmac has not reported my credit history since March 2007 till the present to and credit bureau. My lender (who I already paid $350 to their appraiser) told me that the loan can't go to closing until GMAC reports the missing data. I have received a history of all my payments from GMAC from March 2007 to present however the lender will not accept these because they are not on my reports. I filed Bankruptsy in 2004 under the old law. What should I do? Can't Gmac put this missing infor on my reports???

Wed, 08/12/2009 - 01:59 Permalink

Hi Sue

You may ask the credit reporting companies to add the missing files to your report so that they become part of your credit history. This may not be done for free. You may need to pay a certain amount of money to get it done. You can go and talk to them about this.

Wed, 08/12/2009 - 12:01 Permalink
GOLDIE FITZHUGH (not verified)

CAN I SUE THAT PERSON BECAUSE THEY GARNISHNISED MY CHECK AFTER IT WAS DISCHARGED AND THEY TOOK 2500.00 AFTER I DID IT AND I DID NOT ATTEND COURT THEY JUST TOOK MY MONEY CAN I SUE THEM

Tue, 10/13/2009 - 18:47 Permalink
atb242 (not verified)

After my Bankruptcy has been discharged, what happens to the accounts that previously were being reported as charged off. ? Should they be updated as included in Bankruptcy? Some creditors are saying they can remain as being in charged off status .

Fri, 11/06/2009 - 20:09 Permalink

Hi atb242,

I am going through getting things up dated in my equifax credit report now as well. I filed chapter 7 almost 3 years ago and just go around to pulling my report. I also have a charge off on mine that was included in bankruptcy. I have sent them proof twice that the debt was included and they still say they they disputed it and the creditor says it is reported correctly. But this is the last chance they are getting to correct it. If not I am hiring a lawyer. OK what you need to do is send the CA copies of your discharge papers and I list of your creditors that were listed. The one you are speaking of highlight it maybe they will see it better and dispute it. Will the charge off stay I'm not sure but the will change it to include in bankruptcy with a 0 balance. If not dispute it again. Good Luck

Sat, 11/07/2009 - 06:16 Permalink
atb242 (not verified)

Hi debranewell2008

It's interesting you specifically mentioned troubles with Equifax. In my original post I didn't mention which CB I was having a problem with but it is Equifax !! I sent them copies of my Discharge paper and list of creditors included. They updated the accounts but one account ( wells fargo) was changed back the next day as being in charge off status and NOT noted as being included in BK . This is the third time I have tried to get this fixed and will be sending an " Intent to Sue letter " to them within the next week . I'll put updates here when they happen.

Wed, 11/11/2009 - 18:38 Permalink

I know what you are going through. I tried to call the federal Trades Commission today. I forgot it was a holiday. But will call again tomorrow. I want to see how they plan on handling this first. Before I send an Intent to Sue Letter. Because if they are doing this to us they are doing it to others as well. And that is not right. I just got the results today for the third time unchanged and that is on both negative listings I am disputing with my legal proof. It's not like I am proud to have filed bankruptcy. But since I did and have to pay the price for 10 years. They will correct my report with the things I included. I already have the lady at the court house that has said they never called there to verify anything. The more I think about this suing them is sounding even better.Three strikes you are out. I will keep you informed as well.

Wed, 11/11/2009 - 19:10 Permalink

Hi atb242,

I am reporting an update. I contacted the Federal Trades Commission today. The lady there told me to dispute it with the original creditor. She said it could be that they never received the proper documents that said they were included in a bankruptcy and they are reporting to Equifax what they have on file. So I guess I will be sending out dispute letters letters and hopefully it will get resolved that way. But she also agreed that I had sent Equifax enough legal documentation that they should have went on and fixed it without all of this having to be done. Hope this helps.

Thu, 11/12/2009 - 17:32 Permalink
lauragrodsky (not verified)

once my debts were discharged through my bk, should the mention of charge off still be on my credit report

Tue, 05/11/2010 - 02:11 Permalink

Hi lauragrodsky,

Once your debts are discharged through bankruptcy, the charge-off does not get removed from your credit report. However, whether or not any comment can be updated against the charge-off depends on the creditors. I think you can talk about this to the creditor.

Thanks,

Aaron

Fri, 05/14/2010 - 10:09 Permalink
Scott Richter (not verified)

I recently had a personal bankruptcy discharged of which I included our home mortgage in the bankruptcy only for the purpose of protecting my home from creditors. I have always made my mortgage payments and will continue to do so. I want to know how I get my mortgage holder to report to the credit bureaus that I have a balance and the payment history is perfect without being late. They are showing a 0 balance and not reporting that I am making the payments thus my score is not getting the benefit and improving.

Thu, 11/11/2010 - 23:28 Permalink
shawn (not verified)

I filed for chaper 7 in april and it has not been discharged and creditors i filed on are still turning it over to collection agencys can they do that.

Tue, 06/21/2011 - 17:58 Permalink

Once you file BK, the CA's can turn your debts over to anyone they want to. However, if that particular debt was 'liquidated' in the BK, you have nothing to worry about. I'm not sure how long it takes a BK to become 'discharged'..you may want to ask an expert, on this Forum or talk to the lawyer you did the BK with. He should be helping you and answering any questions you may have.

Thu, 06/23/2011 - 12:30 Permalink
mgvv5 (not verified)

I am havinjg problems. I filed bankruptcy over 2 years and my 1 home loan was reported has a foreclosure. I diputed it and and the CB changed the status but the creditor notes/statement still says foreclosure has started which is a primary field when appling for a new loan. Does anyone know how to have this removed? Thanks

Thu, 08/25/2011 - 01:33 Permalink
Celia (not verified)

Any debts which were not discharged in the batunkprcy must be paid. So the one which says included in Chap 7 batunkprcy should be discharged, but it will remain on your credit report for 10 years after discharge. (Foreclosures & bankruptcies stay on credit report for 10 years; other items for 7 years.) What are the other 6 items? Were they included in the batunkprcy or not? If not discharged in the batunkprcy, you still have to pay. And they will remain on your report for 7 years after the account is paid in full and closed.You cannot get any of these items removed from your report! Only errors can be removed. -1Was this answer helpful?

Tue, 10/30/2012 - 07:47 Permalink
Patrick (not verified)

My husband and I filed a chapter 7 bankruptcy in May 2010. It was discharged in August, 2010. We included 2 mortgages under the discharged. We have reestablished our credit and saved money. This is the problem. We have tried to purchase another home. We were prequalified until the lender did a search and determined that we are still listed as the owners of the property. Of course, we did not know this was a problem. What can I do for force the mortgage companies to change foreclosure and/or change the Deed? I am considering writing letters first and filing a law suit second? Any advise from any one with a similar case?

Sun, 01/13/2013 - 20:02 Permalink
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Hello I just wanted to know if i can file a lawsuit against cashcall reporting me to the credit beuraus when they were included in the chapter 7 bankruptcy.

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Do business get different information on a credit report than the consumers. I applied for a loan and was denied because of incorrect information on my report. When I pulled all three reports I did not see what the creditors was able to see

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