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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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  #1  
Old 01-06-2006, 09:32 AM
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Credit Reporting during Chapter 13


Filed Chapter 13 in California.
Does bankruptcy law protect me from creditors who continue to report using dates that are after the date I filed?
For example; Say I filed August 8, 1998. One of those creditors named in the bankruptcy continued reporting after that date. They reported me 120 days late 22 times and claimed it was the fault of the bankruptcy trustee who did not get the full payment to them by the due date according to the payment date I agreed to when I took out the loan. I'm sure they are not allowed to do this but can not find the specific law which prohibits it.
Please help!
  #2  
Old 01-06-2006, 08:47 PM
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Quote:
Does bankruptcy law protect me from creditors who continue to report using dates that are after the date I filed?
Reporting negative information to the CRA's IS considered collection activity. Collection activites MUST cease during your BK per the automatic stay.
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  #3  
Old 01-08-2006, 02:53 AM
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Thank you for your reply. So how do I go about correcting this information on my credit report? Shall I write letters to the credit report agencies explaining this or would a letter directly to the creditor be the better choice?
  #4  
Old 01-08-2006, 10:10 AM
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Yes, the place to start is with the credit bureaus. Write letters disputing the negatives and just say you were in bankruptcy and the reported lates were a violation of the automatic stay.. and now they're violating your discharge.

If they come back as 'verified' or 'remains', THEN you dispute directly with the creditor - as is your right under FACTA.
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"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.
  #5  
Old 01-09-2006, 09:29 AM
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Do I write the letters to each of the three big credit bureaus and since this includes my husband as well and the same wrong info is on his reports I suppose I should write duplicate letters on his behalf also. I guess mainly I need to know if I should write three letters to each one of the bureaus and should I make a copy of the automatic stay and the discharge letter and include them with the dispute letters to the credit bureaus?
  #6  
Old 01-09-2006, 07:07 PM
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Yes, write a dispute letter to each of the 3 bureaus. Do NOT send the CRA's ANY of your BK papers, they can easily verify the public record of your BK themselves.
__________________
"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.
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