late payments on credit report prior to bankrupcy - card closed prior to bk.

[kurtgx]

Hey, I went bk in 07. When I looked at my credit report a little while back, I saw that an 05 late payment on a cc still shows. I probably closed that account in 05 or 06 so it wasn't an active account in 07 when I did the bk. Should I be able to have this deleted from my created credit history? Thanks.

[drowning123]

You should able to, as all "dischargeable" debts prior to bk, whether listed in your bk or not, are considered discharged.

[Floridagail]

Good luck, I have been fighting EQ, All Lates prior to the filing of the bankruptcy will continue to show. I have been disputing EQ for not showing IIB, they insist it will stay CO since if was sold prior to the filing. I have disputed BOA CO in Sept 2006, all of sudden showing
CO for Sept 2010, April 2012. So I wish I would of left it alone. They fall off next year anyway.

[df04527]

Lates prior to the BK filing date are allowed to continue to report until the reporting SOL is up which is 7 years in most cases. Sounds like some time this year it will fall off if it was in 05.

[SMinGA2]

Agree with df... Bankruptcy does not erase what happened before you filed. If you were late in 05, they can report that you were late in 05. And if an account was sold prior to your filing, the creditor should report it as closed/sold/$0 owed because that was the actual status. Whoever bought the account, if they reported it, should report $0 balance/IIB.

[connmj1]

I am getting lates on my credit report since I filed. I called them and they said they can report late payments until the bk is discharged. Is that true?

[ksgirl38]

I am getting lates on my credit report since I filed. I called them and they said they can report late payments until the bk is discharged. Is that true?

What kind of creditor is this? Is this something that will be discharged?

[IBroke]

I am getting lates on my credit report since I filed. I called them and they said they can report late payments until the bk is discharged. Is that true?

As far as I know, reporting lates that occured AFTER the filing-date are a violation of the automatic stay since credit reporting is often considered an attempt to collect a debt.

[connmj1]

What kind of creditor is this? Is this something that will be discharged?

It it a credit card and line of credit from a local credit union. Yes it will be discharged. I was never late prior to my filing.

[connmj1]

As far as I know, reporting lates that occured AFTER the filing-date are a violation of the automatic stay since credit reporting is often considered an attempt to collect a debt.

See that's what I thought too. I guess I will email my lawyer and see what he says.

[df04527]

Lates after the filing date are not allowed. They can be sued for it if you so desire. Call them and educate them and make them remove them. Have them start by referencing the FCRA.

[connmj1]

Lates after the filing date are not allowed. They can be sued for it if you so desire. Call them and educate them and make them remove them. Have them start by referencing the FCRA.

'

Thanks for all the advice. I emailed my lawyer today and he confirmed that should not happen. He will send a letter to the creditor and the courts.