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    Question about reporting/disputes

    We are not yet discharged - coming around April 25th. I recently peeked at my report and all the collection agencies/places where debts were sold TO are reporting late/balance owed, etc. Shouldn't they report IIB? All the original creditors are reporting IIB. I know these collection agencies were included in the matrix because I used my credit report to list all the debts.

    Do they not have to report IIB until we are discharged? Can I start disputing now, or do I wait until discharge?

    Also, GMAC, where my auto lease that we re-affirmed is from, is reporting IIB instead of pays as agreed. I thought if we re-affirmed then it would report based on our status (which is on-time). I'm counting on this as a credit rebuilder. It's one of the major reasons we re-affirmed the lease. After we are discharged, can I call GMAC and ask them to change how they report? THink I'd make any headway? I've had a loan through GMAC for 8 years (yes, I have really had a car payment that long - I always leased - NEVER AGAIN!) and it's never been late. I was kind of hoping to use that to rebuild...

    #2
    Originally posted by kl030505 View Post
    Do they not have to report IIB until we are discharged?
    If your accounts were sold before you filed, then the lenders can report late/charged off forever because it's the truth. However, if the debts were sold after you filed, then those acounts do need to state IIB and have a zero balance.

    Can I start disputing now, or do I wait until discharge?
    You can start now, but most folks wait until they have their discharge and closing behind them.

    Also, GMAC, where my auto lease that we re-affirmed is from, is reporting IIB instead of pays as agreed. I thought if we re-affirmed then it would report based on our status (which is on-time). I'm counting on this as a credit rebuilder. It's one of the major reasons we re-affirmed the lease.
    This is one of the reasons *NOT* to count on a reaffirmed loan for rebuilding. Reporting to the credit agencies always has been and continues to be purely voluntary. Unless your reaffirmation agreement states that GMAC must report your account, they are not required to and may choose not to.

    Your case isn't discharged and closed yet. You may see a change after that. If you don't, you can request to GMAC that they report your loan stats, but again, they do not have to comply unless your signed-by-all-parties reaffirmation agreement states that they do.
    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

    Comment


      #3
      Thanks for the info. The collection agency debts are debts that were sold TO them before we filed. If I understood correctly, The ORIGINAL creditor can report charged off/sold because they sold it before we filed, but the place they sold the debt TO that we included in the matrix - the one we ultimately "owe" the money to, shouldn't they have to report IIB? In this case, the original creditors are reporting IIB (even though the debts were sold before filing), but the collection agency who we were ultimately supposed to pay is reporting as late pay/deficiency.

      Comment


        #4
        Originally posted by kl030505 View Post
        ...the original creditors are reporting IIB (even though the debts were sold before filing), but the collection agency who we were ultimately supposed to pay is reporting as late pay/deficiency.
        Then in this circumstance, assuming the debt sold was unsecured the collection agency has to report IIB with zero balance.
        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

        Comment

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