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Can a creditor report an account to the credit bureaus after I filed petition for bankruptcy ch. 7? |
Can a creditor report an account to the credit bureaus after I filed petition for bankruptcy ch. 7? If you are asking if a creditor can continue to report a debt as late the answer is no... but they can continue to report its status before the date of your bankruptcy. If they report it as late after your filing, expect to spend some time getting your credit report fixed. First, you should call or write the creditor and get them to fix it. When they don't, you'll need to forward a copy of your entire BK petition and discharge order to each bureau with the debts highlighted that you want updated as "included in bankruptcy" as of the date of the filing. You may have to then call the bureaus if they mail you back saying they won't comply. You will find very few companies or people will want to help you in this regard and that is why it is important to call your creditors upon filing to ensure you don't have to play catch up later on. If the creditor keeps reporting it incorrectly, you'll need to file an "Adversary Complaint" in bankruptcy court. Go to your local law school library or court building library and ask a clerk for the Title 11 forms. You may be able to tell them this form and they might be able to locate it for you. If you have a lawyer, tell them your situation as they will likely be able to shoot out a letter to the creditor. Expect to spend a great deal of time to get everything fixed, if you have mulitple issues. But in the end, it will be time well spent. Source(s): Years in the credit industry. Creditors can report things to the credit bureaus at any time, it has nothing to do with filing for chapter 7, 11 , or 13. Yes they can. But if the debt is included in your bankruptcy, then the bankruptcy will eventually also be reported as a public record (derogatory in nature) on your bureau. The debt should be included with the bankruptcy and won't add any more derogatory info to your bureau, but you have to make sure that the account is properly included in your Chap. 7 AND properly reported to the bureaus. As the earlier answerer wrote, what happens a lot of times is that when your credit is pulled later (after discharge) for a subsequent loan application, many mistakes can still exist on your bureau as to the debt/late payment and they will lower your score AND cause problems, if they don't get cleared up. |
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