Can lates be reported after filing and before discharge?

[Help!]

Sorry if this is posted somewhere, but I'm looking for a quick answer.

There are several creditors who filed 30 day, 60 day and 90 day lates on accounts that were included in our bankruptcy months earlier. I thought the negative reporting stopped on the date of filing? Or are they allowed to report lates up to the date of discharge?

[lrprn]

There are several creditors who filed 30 day, 60 day and 90 day lates on accounts that were included in our bankruptcy months earlier. I thought the negative reporting stopped on the date of filing? Or are they allowed to report lates up to the date of discharge?

The answer depends on whether you were late making payments BEFORE filing and if the accounts in question were sold BEFORE you filed bk.

Credit agencies and creditors and collectors can continue to report anything that was true before you file as long as the creditor or collector sold your account before you filed.

For example, if I owed CC#1 $1000, didn't pay them for two months before I filed, and CC#1 sold my account before I filed, then CC#1 has the right to continue to list my account as 60 days late after I file, even though I included CC#1 in my bankruptcy.

Now on the other hand, if I kept paying CC#1 the minimum required payment (not a partial payment) every month up until I filed and they didn't sell the account before I filed, then CC#1 must list my account as IIB (included in bankruptcy). They can't show lates and they can't show an amount owed when they still owned the debt and there were no lates before filing.

So....which of these matches your situation?

[Help!]

The latter. We paid the minimum payments until the two weeks before we filed and were actually never late on anything but our mortgage payment. Because our decision to file was so sudden (the "big bonus" that was going to get us caught up never materialized), our FICO scores are much better than I expected... 685 for me and 650 for DH. I guess 10 years of playing the shell game with so many accounts actually helped us. If I can get some of these 30/60/90 day lates removed that will help, too.

While I have you here, is there anything I can do about the miscellaneous comments from the creditors that are included on the reports? I thought that the only text on the report would be "Included in Bankruptcy", but a few creditors seem to have decided to get their two cents worth in (and some of these random comments are completely inaccurate).

[lrprn]

The latter. We paid the minimum payments until the two weeks before we filed and were actually never late on anything but our mortgage payment.

Dispute every single account that is reporting incorrectly in writing by certified return receipt mail to create a paper trail. If the CA refuses to change the designations, then challenge the reporting directly with each creditor, again in writing CRR (certified return receipt).

While I have you here, is there anything I can do about the miscellaneous comments from the creditors that are included on the reports? I thought that the only text on the report would be "Included in Bankruptcy", but a few creditors seem to have decided to get their two cents worth in (and some of these random comments are completely inaccurate).

If the comments are inaccurate, dispute them and get them corrected. However, for the true comments, even though they may be derogatory unless you can prove they are incorrect, the creditor can keep them in place.

[Help!]

Got it - lots of work ahead of me, though. Thanks!