Discharged 13/Credit Report Question

[JudyMom2]

I'm hoping someone on this forum will be able to answer this question.

We filed Chapter 13 09/05 and it we were discharged 01/07.

We monitor my husband's credit report via True Credit credit monitoring service. I recently discontinued my True Credit service as I have cleaned up all the errors I could find and plan on monitoring mine annual via the freebee annualcreditreport.com.

Our 2nd mortgage (Homecomings Financial) recently reported, (as of 04/07), on my husband's credit report, this account as Derogatory/creditor filed Ch. 13 or "wage earner plan". This account was paid outside of the Chapter 13. We were never late during the bankruptcy or for sometime prior to file (if ever!).

My question...can I dispute the way they are reporting this? Can they report our account as derogatory even though we made our payments on time and they were not included in the Chapter 13? I emailed them and they said that ALL of our accounts are subject to the Chapter 13 and pretty much they have the right to report it as such.

I can order my payment history off of their website. I was going to include that with my dispute letter (if this is disputable) along with copies of my CH 13 docs.

I would appreciate counsel on this one. I've worked so hard to make the best out of this situation and feel like I've been sucker punched!

[lrprn]

We filed Chapter 13 09/05 and it we were discharged 01/07. ... Our 2nd mortgage (Homecomings Financial) recently reported, (as of 04/07), on my husband's credit report, this account as Derogatory/creditor filed Ch. 13 or "wage earner plan". This account was paid outside of the Chapter 13. We were never late during the bankruptcy or for sometime prior to file (if ever!). My question...can I dispute the way they are reporting this?

Even though you made the payments yourselves, the mortgage was still included in your Ch 13 bankruptcy as a debt. This is why the credit agencies can report the account as "Ch 13 - included in wage earner plan".

Can they report our account as derogatory even though we made our payments on time and they were not included in the Chapter 13? I emailed them and they said that ALL of our accounts are subject to the Chapter 13 and pretty much they have the right to report it as such.

The question I have is not that they can report it as included in Ch 13 (they can because it was) but whether they can report it as a derogatory. Does your lawyer have any insights about this situation?

One more question....did you reaffirm this mortgage after you filed?

[JudyMom2]

Thank you for responding. I do not remember if we reaffirmed. What is the consequence either way?

One more question. Our credit reports state CH 13 in April 2007. We filed in Sept 05 and discharged in Jan 2007. Is it worth disputing the date. I would think it shows a recent derogatory, correct?

Thanks again for your consideration. We live life much differently now after the BK.

[JudyMom2]

Correction...our credit report states (by the previous mentioned creditor) that we filed CH 13 in April 2007.

[JudyMom2]

I will contact our attorney about the "derogatory" reporting of this debt. Thanks again!

[lrprn]

Correction...our credit report states (by the previous mentioned creditor) that we filed CH 13 in April 2007.

Since you filed Ch 13 in Sept 2005, definitely dispute this inaccuracy!