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Incorrect Dates on Discharges ....

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    Incorrect Dates on Discharges ....

    I filed for BK in August 2007.

    By the end of Sept 2007 I had been to the judge, and gone through the humiliation, and got the approval for discharge on all the accounts I listed.

    Everything was done.

    Unfortunately the Trustee responsible for my BK actually introduced an unnecessary 5 months to my bad credit. I spoke to him on the phone and he apologized for how long it was taking him to get around to it. He said he was very busy with other things and he would get to it as soon as he could. Then I would wait another 6 weeks, and another 6 weeks. Finally, five months later, I actually had to call him and insist that he finish the paperwork. It wasn't until February 2008 that he finally got around to it.

    To make matters worse, it took another 8 months (!) for my credit cards to report to the agencies that they'd been discharged in the BK.

    So literally a FULL YEAR after my BK was approved, my cards are reporting as closed due to Bankruptcy.

    So much for that comment about bad credit for 7 years. They just kicked me to 8 years, for no good reason.

    I dont think that is ethical or fair.

    I would like to know how I can get the dates changed on my credit report to reflect the day I was first told that my BK was approved. Not including the 5 months the Trustee sat around and played golf. Not including the extra 8 months the credit card companies took to report. I love that it takes them 8 months to report a BK but it takes some of them all of 30 days to screw you on one late payment. Ironic.

    Thanks for any help.

    BKB
    Last edited by BKBurger; 10-08-2010, 08:02 PM.

    #2
    Are you sure these additional 8 months are an issue? I'm asking because as far as I know, accounts IIB are supposed to show the IIB-status as of the day you FILED, not the day you were discharged. Accounts that were IIB are not supposed to report future activity POST filing.

    I would dispute these accounts with the credit-bureaus and tell them WHEN you FILED and that these accounts need to reflect the IIB-status as of that date. If that doesn't help, contact the creditors directly.
    Filed CH7 9/24/2010, 341 on 10/28/2010, Disch.&Closed: 1/6/2011. FICO EX: 9/2: 672.
    FICO EQ: pre-filing: 573, After BK Public Record: 568, 10/3: 673.
    FICO TU: pre-filing: 589, After BK Public Record: 563, 9/2: 706.

    Comment


      #3
      Hi BK, Hi IBroke,

      Never bet on what a credit bureau is going to do....

      Write letters and get your reports cleaned up. Be persistent and they will fix it. You can get all the accts notated 'included in bk' (IIB) and get any negative notation removed (closed by lender, charged off, etc)

      Credit bureaus can be a pain in the **** but if you write letters and are persistent they will eventually come around and fix it up to your benefit.

      Good luck with the 'cleaning'

      Tom in Colo
      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

      Comment


        #4
        Thanks you two. Thats interesting to note - the day I filed is the day huh? Thats incredible that they waited a full year.

        I took at look at my BK on my credit and it says a filing date and a "reported" date.

        Whats the significance of the reported date if its supposed to fall off based on the filing date?

        Should I dispute the reported date and request that it match my filing date?

        Date Filed: 10/29/2007
        Dispute this Item
        Court Number/Name: US DISTRICT BANKRUPTCY COU
        Liabilities:
        Individual/Joint: Individual
        Individual/Business: Individual
        Bankruptcy Disposition: A-Discharged CH-7
        Current Disposition Date: N/A
        Asset Amount:
        Exempt Amount:
        Date Verified:
        Date Reported: 02/06/2008
        Prior Disposition: Voluntary CH-7

        Comment


          #5
          yes, i'm with tom....it's from the date of filing...and ibroke as well....

          tom's right...go after and question the reports they have 30 days to make the corrections and they will. it's a pain, but it will get straighten out.
          8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

          Comment


            #6
            Just to add more weight to this... it's from the filing date. The date reported is irrelevant for the credit report. It just indicates when the "status" was last updated.

            Happy cleaning.
            Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
            Status: (Auto) Discharged and Closed! 5/10
            Visit My BKForum Blog: justbroke's Blog

            Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

            Comment


              #7
              Yup was going to say the same thing. Ignore the date reported date.

              Comment


                #8
                Well we've got two aspects here. The reported date from the creditors, and then the bankruptcy item itself. I pasted that just immediately above. Even that one has two dates. Should I dispute the reported date on that as well? That may be *the* BK marker on my credit and all the more reason that one should only have the correct date on it ...?

                Comment


                  #9
                  The "BK" marker is for the "public record" only and it will stay on your credit report for 10 years. It is based on the "date filed" and not the "report date". Disputing it will do nothing.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog

                  Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                  Comment


                    #10
                    Originally posted by justbroke View Post
                    The "BK" marker is for the "public record" only and it will stay on your credit report for 10 years. It is based on the "date filed" and not the "report date". Disputing it will do nothing.
                    ditto....(jb..that way i don't have to reword it...ok!). LOL!
                    8/4/2008 MAKE SURE AND VISIT Tobee's Blogs! http://www.bkforum.com/blog.php?32727-tobee43 and all are welcome to bk forum's Florida State Questions and Answers on BK http://www.bkforum.com/group.php?groupid=9

                    Comment


                      #11
                      Hi all, Hi BK,

                      Should I dispute the reported date and request that it match my filing date?

                      If you are persistent enough, you can get all the 'reported' moved to the filing date. Will take some letters....

                      Tom in Colo
                      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

                      Comment

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