Bankrupcy and credit report information

[thogul@msn.com]

What is the name of your state? Colorado

My problem is there are two creditors who continue to report I paid monthly
then transfer sold to another creditor.Of course it is not true they are clearly listed in my bankrupcy papers and I have disputed this with experian who says
the companies say its valid.To me this is a form of harassment.I sent them a letter to show there in the BK and to report it properly.They have done this for the last 5 months and I am at a loss on how much more to do ?

I also made a consumer statement to sate included in bankrupcy.How is it they can report false information and get nothing done to them.But I pay the price for there faulty information. Small claims court maybe.??

[buffalomike]

Please send copies of discharge papers to all 3 credit bureaus and then also the creditor thats reporting your information wrong, call the lawyer that represented you for your Bk case and then have him write a legal letter and send a legal letter and your copy of discharge and if they still continue to report this wrong they are in violation and can be sued.

[Ladynred]

NO ! Do NOT send the CRA's a copy of your discharge papers !! Lawyers tell people to do this and its NOT a good idea at all.

The bankruptcy is public record and it is easily verified by the bureaus.

Under FACTA, you are now allowed to dispute information on your reports DIRECTLY with the furnisher of that information, and it sounds like that is exactly what you're going to have to do in this case.

Dispute it as 'included in bankruptcy' and there should be NO derogatory information reported AFTER your BK filing date and each account should show a ZERO balance. Reporting derogatory information AFTER your BK is considered continued collection activity and it is in violation of the permanent injunction of your discharge. THEY ARE BREAKING THE LAW ! There is bankruptcy case law to support the illegality of reporting negative information on a discharged debt that you can use if necessary.

You will probably have to send this creditor a cease and desist letter telling them to stop their illegal reporting or you'll haul them into BK court to answer a Motion for Contempt !

[Who's Liable?]

Originally Posted by Ladynred

NO ! Do NOT send the CRA's a copy of your discharge papers !! Lawyers tell people to do this and its NOT a good idea at all.

The bankruptcy is public record and it is easily verified by the bureaus.

Under FACTA, you are now allowed to dispute information on your reports DIRECTLY with the furnisher of that information, and it sounds like that is exactly what you're going to have to do in this case.

Dispute it as 'included in bankruptcy' and there should be NO derogatory information reported AFTER your BK filing date and each account should show a ZERO balance. Reporting derogatory information AFTER your BK is considered continued collection activity and it is in violation of the permanent injunction of your discharge. THEY ARE BREAKING THE LAW ! There is bankruptcy case law to support the illegality of reporting negative information on a discharged debt that you can use if necessary.

You will probably have to send this creditor a cease and desist letter telling them to stop their illegal reporting or you'll haul them into BK court to answer a Motion for Contempt !

lady is basically stating that by sending the CRA's your discharge papers, you are in affect doing their work for them... It is their responsibility to find that information for themselves... There is a time period that they must abide by, and if they cannot verify by the end of that time period, then they must delete from your report...

[thogul@msn.com]

I have sent a letter to them basicly stating report it correctly that is was included in bankrupcy from the point it was finalized .My Attorney stands ready to file a complaint with the court if it has to go that far.But these compainies have long been known for shadey practices I will not name them
but there in the top 10 BIG COMPANIES

[Ladynred]

By sending the CRA's copies of your BK papers, you lose ALL hope of ever disputing off the bankruptcy - which can be done, many people have succeeded.

What the gist of my post was, however, is that their manner of reporting is a violation of the BK law, and you are right to pursue a motion for contempt it they don't rectify the situation.