Information posted on credit report after discharge of BK

[jmarie80]

What is the name of your state? Florida

I filed for BK a little over 4 years ago and since then have been working diligently to try to rebuild my credit the old fashion way - legitimately. I recently pulled my credit report and noticed that one of my creditors updated the information after the discharge date as being "charge-off" on one of the credit bureaus and reflected correctly as included in bk on the other two. I have submitted a dispute of that item (along with a copy of my bk and discharge papers proving it was included) and received a response that it was a valid status and no changes would be made.

My question, I'm not sure how this affects my credit rating (since I ruined it in the first place) but since it is reported incorrectly how can I have that corrected when the credit bureau is responding that it is already correct?? I'm not looking for suit or anything, just want to reflect the accurate information so that I can continue moving in the right direction.

Or should I just leave the matter alone and ignore it?
I appreciate any response thank you.

 

[Ladynred]

This will definitely hurt your credit, it MUST be listed as "Included in bankrutpcy" to kill the detrimental effect of the charge-off of the discharged debt. Per the FCRA, the data on your reports must be COMPLETE, ACCURATE AND VERIFIABLE. Leaving off the "IIB" is NOT complete reporting, nor is it accurate.

WAS this debt charged-off BEFORE you filed ?? If not, then per the FTC they can NOT report it as a CO AFTER you filed. Further, negative reporting on a discharged debt is a violation of the permanent injunction of your discharge - a violation of Federal law that you can nail them for with a Contempt charge in bankruptcy Court.

There is case law supporting this.

http://207.41.19.195/scripts/show_matches.pl?file=decisions/20030903-pk-TERRI_J._GOODFELLOW.html&strings=Goodfellow
Relevent to the reporting and violation:

"In addition to contacting Debtor, Discover Financial Services, Inc. apparently placed information concerning Debtor in various credit report agency files. Experian and TransUnion report that Debtor's account was in excess of 90 days past due as of March 2003. "

So, now you dispute their illegal reporting directly with the furnisher of the information as is your right under FACTA. In it you point out the case law stating their actions are, in fact, illegal, and if they do not immediately correct it, you will file a Motion for Contempt and Request for Sanctions agains them in bankruptcy court - and they can explain to a BK judge why they are violating your discharge.