Our chapter 7 bankruptcy was discharged last March. As of January of
this year one of the discharged accounts is still currently being
reported as over 120 days late, which appears to be negatively
impacting our attempts to rebuild our credit. On a different part of
the credit report it appears that this lender marked the debt as a
charge off through bankruptcy, but it's still showing a new update
from January from that lender stating the "over 120 days late" and the
amount that would be due now as if it had not been discharged.
Is this legitimate? What can/should I do about this if not? I am
trying to rebuild our credit and certainly don't need this dragging
down my score.
Thanks for any help
Todd
Brett Weiss
02-12-2004, 06:20 PM
All accounts not charged off before you filed must be listed as "Included in
Bankruptcy" with a zero balance. I would start off by writing the credit
agencies and ask them to correct the erroneous entries. If they persist, you
may want to speak with a consumer law attorney.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@brettweiss.com *
* www.brettweiss.com *
* *
* 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.
************************************************** ***************
"Todd Anderson" <sfwnet@yahoo.com> wrote in message
news:e13b1dec.0402121416.4b7f884d@posting.google.c om... Our chapter 7 bankruptcy was discharged last March. As of January of this year one of the discharged accounts is still currently being reported as over 120 days late, which appears to be negatively impacting our attempts to rebuild our credit. On a different part of the credit report it appears that this lender marked the debt as a charge off through bankruptcy, but it's still showing a new update from January from that lender stating the "over 120 days late" and the amount that would be due now as if it had not been discharged. Is this legitimate? What can/should I do about this if not? I am trying to rebuild our credit and certainly don't need this dragging down my score. Thanks for any help Todd
PWB
02-12-2004, 08:30 PM
"Todd Anderson" <sfwnet@yahoo.com> wrote in message
news:e13b1dec.0402121416.4b7f884d@posting.google.c om... Our chapter 7 bankruptcy was discharged last March. As of January of this year one of the discharged accounts is still currently being reported as over 120 days late, which appears to be negatively impacting our attempts to rebuild our credit. On a different part of the credit report it appears that this lender marked the debt as a charge off through bankruptcy, but it's still showing a new update from January from that lender stating the "over 120 days late" and the amount that would be due now as if it had not been discharged. Is this legitimate? What can/should I do about this if not? I am trying to rebuild our credit and certainly don't need this dragging down my score.
Todd,
Would that lender be Providian Bancorp?
They're infamous for doing that.
PWB
Todd Anderson
02-13-2004, 09:59 AM
Thanks! I'm contacting the credit agencies now on that one.
A few of the accounts are listed as "Charge Off" even though they were
included in bankruptcy (they were not charged off prior to
bankruptcy). Should I try to get them to list them as "Included in
Bankruptcy" or does it not make any difference? My goal again is to
rebuild my credit so that eventually we can buy a house again. I have
a car loan and a credit card in good standing.
Thanks
Todd
"Brett Weiss" <lawyer@erols.com> wrote in message news:<MPidnc_kjtpQrrHdRVn-hA@comcast.com>... All accounts not charged off before you filed must be listed as "Included in Bankruptcy" with a zero balance. I would start off by writing the credit agencies and ask them to correct the erroneous entries. If they persist, you may want to speak with a consumer law attorney. -- Brett ************************************************** *************** * Personal Injury/Malpractice Bankruptcy * * * * BRETT WEISS, P.C. * * Attorneys at Law * * Maryland, D.C. and Federal Bars * * lawyer@brettweiss.com * * www.brettweiss.com * * * * 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. ************************************************** *************** "Todd Anderson" <sfwnet@yahoo.com> wrote in message news:e13b1dec.0402121416.4b7f884d@posting.google.c om... Our chapter 7 bankruptcy was discharged last March. As of January of this year one of the discharged accounts is still currently being reported as over 120 days late, which appears to be negatively impacting our attempts to rebuild our credit. On a different part of the credit report it appears that this lender marked the debt as a charge off through bankruptcy, but it's still showing a new update from January from that lender stating the "over 120 days late" and the amount that would be due now as if it had not been discharged. Is this legitimate? What can/should I do about this if not? I am trying to rebuild our credit and certainly don't need this dragging down my score. Thanks for any help Todd
Brett Weiss
02-13-2004, 04:24 PM
A charge off hurts your credit more than the bankruptcy notation, so yes,
you should try to get it changed.
--
Brett
************************************************** ***************
* Personal Injury/Malpractice Bankruptcy *
* *
* BRETT WEISS, P.C. *
* Attorneys at Law *
* Maryland, D.C. and Federal Bars *
* lawyer@brettweiss.com *
* www.brettweiss.com *
* *
* 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.
************************************************** ***************
"Todd Anderson" <sfwnet@yahoo.com> wrote in message
news:e13b1dec.0402130959.765c721b@posting.google.c om... Thanks! I'm contacting the credit agencies now on that one. A few of the accounts are listed as "Charge Off" even though they were included in bankruptcy (they were not charged off prior to bankruptcy). Should I try to get them to list them as "Included in Bankruptcy" or does it not make any difference? My goal again is to rebuild my credit so that eventually we can buy a house again. I have a car loan and a credit card in good standing. Thanks Todd "Brett Weiss" <lawyer@erols.com> wrote in message
news:<MPidnc_kjtpQrrHdRVn-hA@comcast.com>... All accounts not charged off before you filed must be listed as
"Included in Bankruptcy" with a zero balance. I would start off by writing the credit agencies and ask them to correct the erroneous entries. If they persist,
you may want to speak with a consumer law attorney. -- Brett ************************************************** *************** * Personal Injury/Malpractice Bankruptcy * * * * BRETT WEISS, P.C. * * Attorneys at Law * * Maryland, D.C. and Federal Bars * * lawyer@brettweiss.com * * www.brettweiss.com * * * * 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. ************************************************** *************** "Todd Anderson" <sfwnet@yahoo.com> wrote in message news:e13b1dec.0402121416.4b7f884d@posting.google.c om... Our chapter 7 bankruptcy was discharged last March. As of January of this year one of the discharged accounts is still currently being reported as over 120 days late, which appears to be negatively impacting our attempts to rebuild our credit. On a different part of the credit report it appears that this lender marked the debt as a charge off through bankruptcy, but it's still showing a new update from January from that lender stating the "over 120 days late" and the amount that would be due now as if it had not been discharged. Is this legitimate? What can/should I do about this if not? I am trying to rebuild our credit and certainly don't need this dragging down my score. Thanks for any help Todd
K Kim
02-13-2004, 06:45 PM
The account should be "Included in BK", not "Charge-off". You no
longer have "Charge-off" account. I would simply challenge credit
report agencies as "Not Mine".
sfwnet@yahoo.com (Todd Anderson) wrote in message news:<e13b1dec.0402130959.765c721b@posting.google.com>... Thanks! I'm contacting the credit agencies now on that one. A few of the accounts are listed as "Charge Off" even though they were included in bankruptcy (they were not charged off prior to bankruptcy). Should I try to get them to list them as "Included in Bankruptcy" or does it not make any difference? My goal again is to rebuild my credit so that eventually we can buy a house again. I have a car loan and a credit card in good standing. Thanks Todd "Brett Weiss" <lawyer@erols.com> wrote in message news:<MPidnc_kjtpQrrHdRVn-hA@comcast.com>... All accounts not charged off before you filed must be listed as "Included in Bankruptcy" with a zero balance. I would start off by writing the credit agencies and ask them to correct the erroneous entries. If they persist, you may want to speak with a consumer law attorney. -- Brett ************************************************** *************** * Personal Injury/Malpractice Bankruptcy * * * * BRETT WEISS, P.C. * * Attorneys at Law * * Maryland, D.C. and Federal Bars * * lawyer@brettweiss.com * * www.brettweiss.com * * * * 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. ************************************************** *************** "Todd Anderson" <sfwnet@yahoo.com> wrote in message news:e13b1dec.0402121416.4b7f884d@posting.google.c om... Our chapter 7 bankruptcy was discharged last March. As of January of this year one of the discharged accounts is still currently being reported as over 120 days late, which appears to be negatively impacting our attempts to rebuild our credit. On a different part of the credit report it appears that this lender marked the debt as a charge off through bankruptcy, but it's still showing a new update from January from that lender stating the "over 120 days late" and the amount that would be due now as if it had not been discharged. Is this legitimate? What can/should I do about this if not? I am trying to rebuild our credit and certainly don't need this dragging down my score. Thanks for any help Todd
Robert Cecil
02-18-2004, 08:11 PM
Write or call the credit bureaus (transunion, equifax, and the other one
escapes my memory) and tell them that the debt was included in the
bankruptcy and they need to remove the other entry.
"Todd Anderson" <sfwnet@yahoo.com> wrote in message
news:e13b1dec.0402121416.4b7f884d@posting.google.c om... Our chapter 7 bankruptcy was discharged last March. As of January of this year one of the discharged accounts is still currently being reported as over 120 days late, which appears to be negatively impacting our attempts to rebuild our credit. On a different part of the credit report it appears that this lender marked the debt as a charge off through bankruptcy, but it's still showing a new update from January from that lender stating the "over 120 days late" and the amount that would be due now as if it had not been discharged. Is this legitimate? What can/should I do about this if not? I am trying to rebuild our credit and certainly don't need this dragging down my score. Thanks for any help Todd
