Home     Law Advice     Insurance Advice     Community    
Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
Go Back   FreeAdvice Legal Forum > BANKRUPTCY AND CONSUMER CREDIT > Consumer Bankruptcy

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-23-2004, 10:48 AM
jnmip
Guest
 
Posts: n/a
Question

BK7 and Charge offs


What is the name of your state? New Jersey

I filed for BK7 on 5/3/02 (discharged 8/02) and have 2 MBNA accounts (included in petition) on my CR (on Transunion and Experian but not Equifax) showing Charge Off. I spoke to MBNA as I'm trying to clean up my CR and they said the Charge Off occurred on 5/7/02 (after the petition date) and won't change the reporting. Is this kosher or does FCRA protect me
  #2  
Old 07-23-2004, 02:20 PM
Member
 
Join Date: Jul 2004
Posts: 438

Assuming..


Assuming these accounts were included in your BK schedules, they should be listed as IIB...you can send copies of your BK to CRAs to dispute MBNA's listings. Truth is, CO and BK probably have about the same effect on your credit.
  #3  
Old 07-25-2004, 05:45 PM
Senior Member
 
Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
If the account was that close to charge-off when you filed for BK, then it could be an uphill battle. However, the FTC DOES say that if the account was NOT in charge-off status on the day you filed your BK petition, then it cannot be reported as a CO AFTER your BK filing date as the entry would not be accurate. The accurate entry would be 'included in bankruptcy'. If they charge-off AFTER your BK is filed, they cannot report the charge-off.
__________________
"Knowledge is Power - use it as you see fit !

I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
  #4  
Old 07-26-2004, 07:33 AM
jnmip
Guest
 
Posts: n/a
Thanks all for your very helpful responses
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 06:00 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.