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View Full Version : Chapter 7 & Credit Reporting Agencies Questions - Preferrably to Brett Weiss Plea


bugsyst
09-04-2003, 05:55 PM
I've spent most of the evening reading quite a bit of information
posted on this site. Excellent form of information. However, I do
have several questions I NEED to ask, now that I feel I've found the
right place to ask them, and it will probably be a long winded posting
(sorry.)

I filed ch 7, 2 years ago this past July, listing every company I had
received a bill from (including collection agencies). I'm now trying
to purchase a co-op. Since that time I had received a credit card and
have been paying it on time every month. In April of this year we (my
mortgage broker) ran a credit report and found that several items were
being incorrectly reported:

My car loan, which was reaffirmed, and finally paid off a year later
was showing Including in Bankruptcy.

A credit card (First USA), which was showing a charge off

2 Collection agencies, of which their clients were listed in my ch 7,
were showing open accounts, with very large balances.

I immediately contacted the 3 Credit Agencies and reported these
disputes.

I was finally sent an updated report saying these items were 'verified
and updated' and now were being shown as included in bk, ch 7, with
the exception of my auto loan. It was stated that loan company never
responded so it was taken off the report.

We waited a few weeks and ran the report again.

All of these items were again being reporting incorrectly and my car
loan was back on the report. (I thought I had to be notifed by the
CRA if a negative item was put back on report after it was removed. I
never got any notification.) I repeated my dispute, sent copies of my
Schedule F to the CRA and sent letters to these creditors and
collection agencies.

I was sent (again) an updated report saying these items were 'verified
and updated' and now were being shown as included in bk, ch 7.

So, we tried again. Ran another report and it was back to square 1
again. The information was again changed back to the original
incorrection information. (My scores have now dropped dramatically
from the original date this started in April and the only changes are
the longer length I've been paying on my credit card and I received 2
additional cards, with very, very low balances, of which are also
being paid on time.)

I contacted the credit card company (First USA) and was told that this
account was sold right before I filed ch 7 in 2001, and by law she
doesn't have to change the "charge off" status, even if I did file ch
7, but she would change it to "sold". However, because I put in a
dispute with the CRA, they are contacting another dept within First
USA, who is updating the report to show 'include in bankruptcy', and
then when First USA updates their accounts it's from another dept who
is rating me as a charge off. Is this accurate information?

Also, the CRA has told me that they have no control over what is being
reported, even after I dispute it. So, in essence, even after they
verify the information as being 'included in bankruptcy' the company
itself can turn around and rereport me as a charge off. Is this
correct? Even after I have contacted they by certified letter,
including my Schedule F.

The 2 Collection Agencies are reporting based on 2 accounts that are
already reporting as 'included in bankruptcy'. Do I have any recourse
on these agencies?

I've been doing this for almost 5 months and just when I think it's
fixed, I'm back to square 1 - and each agency has no answer but to ask
if I want to dispute it. And can't or won't explain.

Please Help. I'm at my witts end and time is running out for the
sale, and my hair is turning more and more grey - too quickly!

Thanks - and I hope I made myself clear enough to get some responses.

Brett Weiss
09-04-2003, 08:15 PM
I would suggest speaking with an attorney who specializes in Fair
Credit Reporting Act cases.

--
Brett

************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@erols.com *
* http://www.erols.com/lawyer *
* *
* Small Business Estates & Estate Planning *
************************************************** ***************

The Small Print: This response is for discussion purposes only.
It isn't meant to be legal advice and you shouldn't treat it as
such. If you want legal advice, speak with a local lawyer
familiar with your state's laws who can review *all* of the facts
and the law applicable to your situation.
************************************************** ***************


"bugsyst" <bugs0998@yahoo.com> wrote in message
news:be3e8dba.0309041655.72bf681@posting.google.co m... I've spent most of the evening reading quite a bit of
information posted on this site. Excellent form of information. However,
I do have several questions I NEED to ask, now that I feel I've
found the right place to ask them, and it will probably be a long winded
posting (sorry.) I filed ch 7, 2 years ago this past July, listing every company
I had received a bill from (including collection agencies). I'm now
trying to purchase a co-op. Since that time I had received a credit
card and have been paying it on time every month. In April of this year
we (my mortgage broker) ran a credit report and found that several
items were being incorrectly reported: My car loan, which was reaffirmed, and finally paid off a year
later was showing Including in Bankruptcy. A credit card (First USA), which was showing a charge off 2 Collection agencies, of which their clients were listed in my
ch 7, were showing open accounts, with very large balances. I immediately contacted the 3 Credit Agencies and reported
these disputes. I was finally sent an updated report saying these items were
'verified and updated' and now were being shown as included in bk, ch 7,
with the exception of my auto loan. It was stated that loan company
never responded so it was taken off the report. We waited a few weeks and ran the report again. All of these items were again being reporting incorrectly and
my car loan was back on the report. (I thought I had to be notifed by
the CRA if a negative item was put back on report after it was
removed. I never got any notification.) I repeated my dispute, sent
copies of my Schedule F to the CRA and sent letters to these creditors and collection agencies. I was sent (again) an updated report saying these items were
'verified and updated' and now were being shown as included in bk, ch 7. So, we tried again. Ran another report and it was back to
square 1 again. The information was again changed back to the original incorrection information. (My scores have now dropped
dramatically from the original date this started in April and the only
changes are the longer length I've been paying on my credit card and I
received 2 additional cards, with very, very low balances, of which are
also being paid on time.) I contacted the credit card company (First USA) and was told
that this account was sold right before I filed ch 7 in 2001, and by law
she doesn't have to change the "charge off" status, even if I did
file ch 7, but she would change it to "sold". However, because I put
in a dispute with the CRA, they are contacting another dept within
First USA, who is updating the report to show 'include in
bankruptcy', and then when First USA updates their accounts it's from another
dept who is rating me as a charge off. Is this accurate information? Also, the CRA has told me that they have no control over what
is being reported, even after I dispute it. So, in essence, even after
they verify the information as being 'included in bankruptcy' the
company itself can turn around and rereport me as a charge off. Is
this correct? Even after I have contacted they by certified letter, including my Schedule F. The 2 Collection Agencies are reporting based on 2 accounts
that are already reporting as 'included in bankruptcy'. Do I have any
recourse on these agencies? I've been doing this for almost 5 months and just when I think
it's fixed, I'm back to square 1 - and each agency has no answer but
to ask if I want to dispute it. And can't or won't explain. Please Help. I'm at my witts end and time is running out for
the sale, and my hair is turning more and more grey - too quickly! Thanks - and I hope I made myself clear enough to get some
responses.

Sharon
09-06-2003, 06:36 AM
Those accounts included in the BK should not read "charge-off" or
"collections" or anything like that. The ONLY proper notation is
"Included in Bankruptcy
$0 balance.

My husband and I successfully got our entries to read correctly by
disputing them with the credit bureaus involved. All were corrected
with no problem. We even had a small amount of $73 (wherever that
came from) listed on a discharged debtor as the account was sold to
someone else. This party was reporting it as delinquent but we wrote
the bureau and that too was changed to what it should have said. Even
if an account is sold, it still should be reported as $0 balance if it
was included in the BK discharge.

You have to watch these debtors. They can be sloppy, mean or both.
But if you have your BK discharge in hand, they are compelled to
change your report to read correctly.


bugs0998@yahoo.com (bugsyst) wrote in message news:<be3e8dba.0309041655.72bf681@posting.google.com>... I've spent most of the evening reading quite a bit of information posted on this site. Excellent form of information. However, I do have several questions I NEED to ask, now that I feel I've found the right place to ask them, and it will probably be a long winded posting (sorry.) I filed ch 7, 2 years ago this past July, listing every company I had received a bill from (including collection agencies). I'm now trying to purchase a co-op. Since that time I had received a credit card and have been paying it on time every month. In April of this year we (my mortgage broker) ran a credit report and found that several items were being incorrectly reported: My car loan, which was reaffirmed, and finally paid off a year later was showing Including in Bankruptcy. A credit card (First USA), which was showing a charge off 2 Collection agencies, of which their clients were listed in my ch 7, were showing open accounts, with very large balances. I immediately contacted the 3 Credit Agencies and reported these disputes. I was finally sent an updated report saying these items were 'verified and updated' and now were being shown as included in bk, ch 7, with the exception of my auto loan. It was stated that loan company never responded so it was taken off the report. We waited a few weeks and ran the report again. All of these items were again being reporting incorrectly and my car loan was back on the report. (I thought I had to be notifed by the CRA if a negative item was put back on report after it was removed. I never got any notification.) I repeated my dispute, sent copies of my Schedule F to the CRA and sent letters to these creditors and collection agencies. I was sent (again) an updated report saying these items were 'verified and updated' and now were being shown as included in bk, ch 7. So, we tried again. Ran another report and it was back to square 1 again. The information was again changed back to the original incorrection information. (My scores have now dropped dramatically from the original date this started in April and the only changes are the longer length I've been paying on my credit card and I received 2 additional cards, with very, very low balances, of which are also being paid on time.) I contacted the credit card company (First USA) and was told that this account was sold right before I filed ch 7 in 2001, and by law she doesn't have to change the "charge off" status, even if I did file ch 7, but she would change it to "sold". However, because I put in a dispute with the CRA, they are contacting another dept within First USA, who is updating the report to show 'include in bankruptcy', and then when First USA updates their accounts it's from another dept who is rating me as a charge off. Is this accurate information? Also, the CRA has told me that they have no control over what is being reported, even after I dispute it. So, in essence, even after they verify the information as being 'included in bankruptcy' the company itself can turn around and rereport me as a charge off. Is this correct? Even after I have contacted they by certified letter, including my Schedule F. The 2 Collection Agencies are reporting based on 2 accounts that are already reporting as 'included in bankruptcy'. Do I have any recourse on these agencies? I've been doing this for almost 5 months and just when I think it's fixed, I'm back to square 1 - and each agency has no answer but to ask if I want to dispute it. And can't or won't explain. Please Help. I'm at my witts end and time is running out for the sale, and my hair is turning more and more grey - too quickly! Thanks - and I hope I made myself clear enough to get some responses.

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