Collection account that was included in Bankruptcy

[HopeinHorizon]

I am getting irritated with the credit clean up on Experian... the other two credit reports are accurate with NOTHING wrong...

I filed 10/05, and experian has lates on all accounts in 11/05, 12/05, and then charge offs reported past the date of bankruptcy too.

Also an account that was included in bankruptcy was just put on as a collection account 3/06 after I was just discharged in 2/06... Household bank uses Experian, so until I can get these people to change this stuff, they obviously won't approve me...

This is mainly a vent, but also, reassurance that all the lates after 10/05 should not be present but rather be deemed included in bankruptcy and the fact that the collection account should have not been reported after discharge would be nice too..

Thanks for reading and your advice in advance!
Elizabeth

[USPSA-Shooter]

I am getting irritated with the credit clean up on Experian... the other two credit reports are accurate with NOTHING wrong...

I filed 10/05, and experian has lates on all accounts in 11/05, 12/05, and then charge offs reported past the date of bankruptcy too.

Also an account that was included in bankruptcy was just put on as a collection account 3/06 after I was just discharged in 2/06... Household bank uses Experian, so until I can get these people to change this stuff, they obviously won't approve me...

This is mainly a vent, but also, reassurance that all the lates after 10/05 should not be present but rather be deemed included in bankruptcy and the fact that the collection account should have not been reported after discharge would be nice too..

Thanks for reading and your advice in advance!
Elizabeth

This FTC opinion letter is what I always see quoted on various boards for this same question. It is old, from 1998, but I guess it still applies.

http://www.ftc.gov/os/statutes/fcra/lovern51.htm

http://www.ftc.gov/os/statutes/fcra/index.htm

[USPSA-Shooter]

Of course the above seems to be at odds with the one below.

http://www.ftc.gov/os/statutes/fcra/mccorkel.htm

Peter L. McCorkell, Esq.
Senior Vice President and General Counsel
Fair, Isaac and Company Inc.
120 North Redwood Drive
San Rafael, California 94903

Dear Mr. McCorkell:

This responds to your letter concerning the application of the Fair Credit Reporting Act ("FCRA") to an account that is reported to a consumer reporting agency ("CRA") by a creditor, when the account is discharged in bankruptcy and charged off by the creditor, either before or after the discharge. You note that a staff opinion letter (Lovern, 4/24/98) stated that a credit bureau would violate Section 607(b) of the FCRA if it reported a discharged item as a chargeoff when it was in fact not charged off. You state that (contrary to a comment attributed by Mr. Lovern to a Fair Isaac source in his letter to us) your risk scores assign the same number of points to a bankrupt tradeline regardless of whether that account is also reported as charged off.

Specifically, you ask if we concur in your view that "nothing in the FCRA (a) prohibits a creditor from 'charging off' an account, whether before or after the filing of a bankruptcy; (b) prohibits a creditor from reporting to a CRA that an account which has been discharged in bankruptcy has also been charged off so long as the credit grantor has in fact charged off the account; or (c) or prohibits a CRA from reporting an account which has been discharged in bankruptcy as also having been charged off if the creditor has so reported the account to the CRA and the CRA has no reason to believe otherwise." We agree that the FCRA prohibits none of those practices in the circumstances you describe.

The opinions set forth in this informal staff letter are not binding on the Commission.

Sincerely yours,

Clarke W. Brinckerhoff
--------------------------------

It appears that a,b,and c have to apply for this to be true.

[SinkingFast]

http://www.bankruptcyforum.com/t6748...g-or-am-i.html

Read this guy's letter, Hope. I know the situation isn't exactly the same, but he had good results with the CRA's. Maybe something similar will work for you.