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    Cleaning Credit Reports...

    And still am a little confused.

    I filed chpt 13 in 2004. Converted to a chpt 7 this year. Just checked my reports this year.

    It stated that I had 2 capital one cc in "wage earner plan" with a balance on each of them. I disputed them and they were changed to IIB/chpt 7 with a $0 balance respectively on both of them.

    Here's the thing. It now shows that I was late since 2004!! I KNOW that it was included in the original schedules.

    Is this correct reporting? Are they allowed to apply "late payments" even after a chater 13???

    #2
    If the account was late at the time of filing, then yes, they can show late payments.
    Chapter 13 Filed "Old Law"
    Filed: 6/2003 Confirmed: 3/2004
    Early pay off sent: 10/05/2007 - 9 months early
    11/16/2007 - Discharged!

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      #3
      Okay, the account was 30, maybe 60 days late before filing in 2004. It was included then in my schedules. I disputed that it showed an amount and they came back with it being late all the way until August of 2007. (late 90 times in july 2007 alone).

      I'm not disputing that it is reporting late back in 2004 because I know it was. But how can it be "late" in 2007 when it was in a bk 13 in 2004?

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        #4
        Originally posted by HeatherB View Post
        I'm not disputing that it is reporting late back in 2004 because I know it was. But how can it be "late" in 2007 when it was in a bk 13 in 2004?
        If the creditor is saying that you were late BEFORE you filed in 2004, then that's the truth and they can report that.

        However, if the creditor tries to show the lates occured AFTER you filed in 2004, then you should dispute that immediately. That is NOT the truth and you should challenge it in writing to start a paper trail.
        Last edited by lrprn; 10-31-2007, 04:54 PM.
        I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

        06/01/06 - Filed Ch 13
        06/28/06 - 341 Meeting
        07/18/06 - Confirmation Hearing - not confirmed, 3 objections
        10/05/06 - Hearing to resolve 2 trustee objections
        01/24/07 - Judge dismisses mortgage company objection
        09/27/07 - Confirmed at last!
        06/10/11 - Trustee confirms all payments made
        08/10/11 - DISCHARGED !

        10/02/11 - CASE CLOSED
        Countdown: 60 months paid, 0 months to go

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          #5
          Originally posted by lrprn View Post
          If the creditor is saying that you were late BEFORE you filed in 2004, then that's the truth and they can report that.

          However, if the creditor tries to show the lates occured AFTER you filed in 2004, then you should dispute that immediately. That is NOT the truth and you should challenge it in writing to start a paper trail.


          Unfortunately, this happens a LOT in Chapt 13. Because they received the payments late from the trustee, the continue to report it as being late. I have seen some mortgages listed as much as 120 days late because the trustee's office was so far behind in payments!
          BUSY running my own credit repair services! Sorry I don't stop in so often any more!

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