Announcement

Collapse

Forum Rules (Everyone Must Read!!!) (updated: 04/28/2015)

Welcome to the Bankruptcy Forum. Bankruptcy (BK) Forum is known as BKForum.com and will be referred to as BKF hereinafter. In order to ensure a long term success of our vibrant community, we have established certain rules and guidelines to which everyone must adhere to. Please take your time to carefully read our rules, before you start to participate in the community.

Things you agree to do:
BKFORUM.com (BKF) users agree to use the search function before starting a new thread. This prevents duplicate discussions and allows for better organized topics.

All BKF users agree to read the sticky posts which may be available at the top of a forum page. These Sticky posts often contain valuable information. They may also outline more rules and guidelines specific for that particular forum, stickies are put in place by that forums moderator(s) or admin(s).

Things you agree not to do:

All BKF users agree not to call people names or write a post simply to make a personal attack, or get a negative reaction; this behavior is not allowed on our forum. The use of derogatory language aimed at anyone will be severely dealt with. There is no need to agree with each other, or to even like each other. However, by signing onto BKForum.com you agree to treat each member and guest with the respect they deserve. No threats or personal attacks will be allowed.

All BKF users agree not to discuss, engage, or encourage any behavior or activity which violates the law. Discussion of drugs, violence, murder, theft, vandalism, fraud or any other issue which could be used to help individuals break the law is strictly forbidden.

All BKF users agree not to "bump" old threads, unless there is a specific benefit to the community by doing so. But in most cases, please don't post in very old threads, instead start new threads.

All BKF users agree not to attempt/use another members account. It is against BKF rules to use any account other than your own. Impersonating another member will result in an immediate ban. It is also against the rules to open more than one account in your own name without permission from a moderator or administrator. If you have been banned for any reason, it is against the rules to open another account. If you were banned temporarily and you are caught using another account you will be banned permanently. Choosing a moniker which is similar in either sound or spelling as a moderator or administrator is strictly forbidden.

All BKF users agree not to private message any moderator, admin, or other member with questions related to their personal circumstances (Questions about the forum or issues with the forum are ok). This forum only works when members share their experience and insights with everyone.

Things you agree not to post:
All BKF users agree not to post any derogatory/racist/or sexist remarks. This includes attachments, links and all information contained within posts, signatures, and avatars, failure to comply with this rule will result in a permanent ban.

All BKF users agree not to post any copyrighted or trademarked information without the express written permission of the owner(s) / proper citation of source.

All BKF users agree not to post any real names, addresses, telephone numbers, email addresses, social security numbers, or any other personal details (their own or other people's).

All BKF users agree not to post links, pictures, attachments, videos, or the like of pornographic content, objectionable material or extreme violence, whether cartoon or real.

All BKF users agree not to use BKF for advertising purposes without a written contract between yourself/company/agent and the administration of BKF. Blatant advertising will result in a ban.

All BKF users agree not to spam the forums. Spam includes but is not limited to posting erroneous, non-relevant-useless, off-topic, or meaningless posts. Spam may also include posts which contain no text, or large areas of blank space between lines. Simply posting emoticons without text is considered spam. BKF is the largest bankruptcy message board and all the content is intended to help other users. Please help us improve the quality of our forum by making sure that your posts are well-worded, spell checked, grammatically correct and syntaxed.

Regarding actions of moderators and administrators:

The forum is no place to air out your opinion or be judgmental of our staff and its capabilities.

All BKF users agree not to abuse or mistreat moderators or administrators. It is against BKF rules to post any information regarding bans or any other action taken by a member of the moderating or administrative team. If you wish to discuss bans or warnings please do so via PM. To place a complaint against a moderator, send a PM to a super moderator. All Moderators are equal, any decision made by a moderator must be adhered to. If a moderator tells you something you do not like, do not go to another moderator looking for a different answer. If you are caught doing this you will be banned. The moderators work as a team and respect the decisions made by their peers and will help enforce them unless an administrator tells them differently.
If you have an issue with how the forum is run, then notify one of our administrator and we will look into the situation. We have in the past and still do appreciate any input that you offer this forum. But critical input and/or judgmental postings towards the staff will result in you getting banned.


Should you find a thread offensive or out of line, then notify a Mod in a PM so they can evaluate the situation and do the action deemed necessary.

All moderators do have active "other" lives outside of the forum and help moderate this forum in their spare time throughout the days and weeks.

If you have a problem with a member or Mod follow the proper channels of reporting it.

BKF reserves the right to delete any posts which contain anti-BKF comments or discussion. Any bashing of moderators or administrators, or any of their discussion or actions will also be deleted, and the responsible posting party(s) will be banned. Any public anti-BKF advertising, communication, or posts on another forum will result in permanent bans as well.

All warnings and bans are decided by individual moderators and administrators. Warnings are preferable to bans however, for serious offenses and repeat abusers bans will go into effect. The length of the bans can vary from several hours to permanent.

All messages posted or sent including through PM are the property of BKforum.com.

All BKF users agree not to advertiser on the forum (Niether by posting, private messaging or using your signature). If you are a company/attorney/legal adviser wishing to advertise on the site or sell a product, you must contact the head administrator and inquire about our advertising packages.

All bankruptcy related opinions expressed on BKForum.com are those of their authors and not necessarily of BKF, its staff or representatives.

You agree not to copy any material/post/content from BKF without written permission from our head administrator .

By posting on this forum you agree to these terms and conditions, including any punishment deemed appropriate by moderators or administrators in the event of an offense.

Administrators/Moderators can change these rules at any time without prior notice.
See more
See less

Bankruptcy & Charge-Off's

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Bankruptcy & Charge-Off's

    I've done a bit of reading (see below for some of the links, including the Lovern and McCorkell letters), but am still unsure as to whether a creditor can list a discharged debt as charged off (or even late after the date of filing).

    I filed my bankruptcy on 2/28/13, and it was discharged on 6/14/13. According to my most recent credit reports (pulled just a few days), one of my creditors shows my debt as included in bankruptcy (IIB), but also shows me as 30 days late as of February, 60 days late as of March, No Data in April, and then the debt Charged Off (CO) in May. Is any of this allowed? If not, what can I do to fix it? Thanks!

    UPDATE: I just looked, and I have a credit report that I ran for Experian on 8/6/2013 (well after my discharge date) that shows 30 days late in February, and then closed in March and April (and no data beyond that) - but the much more recent credit report from Experian shows what I mentioned above. Obviously, it would appear that Valley National and/or Experian made changes after the discharge date, but can I do anything about this?


    Some of the things I've read that might be relevant:
    Unfortunately, this forum won't allow me to post links without a higher post count (not sure why that would matter), so I can't post the links here. However, if you go to cred!tboards <dot> com forum (obviously spell that word right though since this forum also seems to replace it with their own name if I spell it out fully - very annoying) and look for my posts there as ColSandurz, you will find this same post with the links.

  • #2
    Can anyone advise or help me regarding this??

    Here's the creditor's latest response to some letters I've sent them: "please be advised that we have reported the account properly in accordance with the Fair Credit Reporting Act §623 Responsibilities Of Furnishers Of Information To Consumer Reporting Agencies [15 U.S.C. §1681s-2] (a) Duty of Furnishers of Information to Provide Accurate Information. This section generally states that the "furnisher of information", Valley National Bank, must not furnish inaccurate information to the consumer reporting agency. Therefore, as the above noted account was past due in payment, you did file for bankruptcy protection and we did charge off the account, we are reporting the account properly to the credit bureaus."

    However, as previously stated in my UPDATE to my initial post, they definitely didn't report this information until well after the BK was discharged. While they might have charged it off, I still thought that negative reporting (which certainly the 60 days late is and I think the charge off is also) was not allowed after a BK was filed??

    Any thoughts or advice? Thanks!

    Comment


    • #3
      My understanding is that they should not be reporting any delinquencies or charge offs after the date you filed BK. If you filed on February 28 and they reported the 30 day later before February 28, then that reporting is okay. The March late payment and May charge off should be removed. Have you tried filing a dispute with the credit agency instead of the creditor?

      Originally posted by ColSandurz2 View Post
      [I]Unfortunately, this forum won't allow me to post links without a higher post count (not sure why that would matter),
      That is to prevent people from joining the forum and spamming the board with links to their own websites or to malicious code. If a spammer can't post links, they aren't likely to stick around to make enough posts to be able to post links. If they try, the nature of their posts usually tip off the moderators to their motives so we can stop the spamming before it starts. If you want to post links, you could use your experience going through bankruptcy to help answer the questions of others who are where you were in early 2013.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


      • #4
        Originally posted by LadyInTheRed View Post
        My understanding is that they should not be reporting any delinquencies or charge offs after the date you filed BK. If you filed on February 28 and they reported the 30 day later before February 28, then that reporting is okay. The March late payment and May charge off should be removed. Have you tried filing a dispute with the credit agency instead of the creditor?
        Yup - they basically said that the creditor/furnisher confirmed the reporting so that was the end of their responsibility - that's when I started writing letters to Valley National Bank, but that hasn't gotten me anywhere. Is there any specific rules/regulations/laws or anything that I can reference in my communication with the creditor/furnisher? It seems like they are basically telling me that they aren't going to do anything and at this point it seems like my only choices are to either hire a BK attorney or find some specific rule/law that requires them to remove the information. Thanks!

        Originally posted by LadyInTheRed View Post
        That is to prevent people from joining the forum and spamming the board with links to their own websites or to malicious code. If a spammer can't post links, they aren't likely to stick around to make enough posts to be able to post links. If they try, the nature of their posts usually tip off the moderators to their motives so we can stop the spamming before it starts. If you want to post links, you could use your experience going through bankruptcy to help answer the questions of others who are where you were in early 2013.
        Will do - thanks!

        Comment


        • #5
          The Fair Reporting and Credit Act is at http://www.consumer.ftc.gov/sites/de...orting-act.pdf

          I don't think the laws are really clear on these kinds of details. It may take some case law research. Or you can try using the logic that as of the date you filed your bk, you were no longer required to make payments, so you couldn't possible be delinquent after that. If you haven't already, try a letter like the one suggested in the last post at http://www.avvo.com/legal-answers/la...--1681664.html

          Here's some tips from Nolo that might help: http://www.nolo.com/legal-encycloped...t-what-do.html

          It may be time to talk to a BK attorney who likes to sue creditors for violations of the FRCA. Maybe this guy knows somebody in New Jersey that can help you: http://robertweed.com/2011/11/25/you...-get-it-right/ Note, I just found this article in a Google search. I know nothing about the guy other than what is in the article.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment

          Unconfigured Ad Widget

          Collapse
          Working...
          X