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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 03-21-2005, 07:36 PM
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Derogatory vs Closed Accounts after Bankruptcy


What is the name of your state? Florida

I filed for bankruptcy and was discharged in May 2003. I recently pulled my credit file from all 3 bureaus (03/2005). I noticed on some of the accounts that were listed in my bankruptcy, one bureau would have the account listed as Closed (Paid), another would have the account listed as Derogatory. Most of the accounts all state that they were included in Bankruptcy Chapter 7, 11, or 13. Although Equifax was the only bureau that did not have my Bankruptcy listed as Discharged, only as Filed. I sat down this weekend and wrote letters to all the creditors and one letter to Equifax. In the letters to the creditors, I copied and pasted the account that appeared on my credit report with highlighted areas to show where corrections are needed, and bold red typed in with the correct information for that field. I also stated that I would give them 30 days from the date of the letter to have a response letter sent via US Mail, before I would seek legal matter on the issue. Is that correct, as far as all of the accounts listed in the Bankruptcy should be listed as Closed (Paid)? I can understand if they have in the remarks field that it was included in Bankruptcy Chapter 7, 11, or 13. What steps would you recommend I take next, if any, if I do not hear back from the creditor(s) within the 30 days as stated? I would really appreciate your help in this matter.
  #2  
Old 03-21-2005, 08:11 PM
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there is a lot of good information on how to clean up your credit after Bankruptcy here: [url]http://creditboards.com/forums/index.php?showtopic=8033[/url]
and another good information page is at [url]http://www.creditinfocenter.com/[/url]
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Old 03-24-2005, 05:30 PM
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Thanks for the links to the other site with more info, but I still did not find an answer to my question on those sites.
  #4  
Old 03-24-2005, 08:30 PM
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Then you didn't look hard enough.

All accounts included in your bankruptcy should be reported as 'included in bankruptcy' or something similar. They should be showing as a ZERO balance, with NO derogatory information past the filing date of your bankruptcy.

Your first step is disputing with the credit bureaus - not the creditors. If your CRA disputes come back as 'verified', then the FACT Act says you can dispute directly with the creditors. However, FACTA does NOT gived you the right to bring a civil action against the creditors.

MOST of the IIB account should be closed, its rare that any IIB account is ever left open.
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