BK 13 in 1997 - now what??

[studentdone]

We filed a BK 13 in 1997 and completed the plan in 2001. We had one creditor who did not respond and did not file a proof of claim (not sure if this is the correct terminology). They were informed, but did nothing.....It was for an unsecured loan.

Anyway, my question is this. Everthing derogratory that was on my credit report from this BK 13 has since been removed except for this one account....Equifax is still reporting this as a bad debt/collection. Since they did not respond regarding the BK 13 shouldn't this have been removed along with the other accounts when the BK 13 dropped off??

The other two CRA removed this account, but not Equifax....

Thanks for any help.

[no_it_all]

Have you disputed this derog with Equifax? I would start there. Maybe remind them that seven years after the date of "last activity" it should be gone from your report.

[SinkingFast]

That Creditor had their chance to make a claim and did not. That was that Creditor's choice. Once your Ch 13 was discharged, so was the Debt. And the CRA's should report it that way.

That debt should show as Discharged in Ch 13 BK.

[studentdone]

Thanks for the info. Yes, I have disputed with Equifax but it keeps coming back as "verified." I have explained to them that they did not file POC and this debt should have been included in the BK 13. I have also sent a letter to the OC about reporting this information as incorrect, no luck.

BK has since been discharged and off credit report. Cannot get this negative account removed. I sent off another letter to the CRA about three weeks ago. Waiting to hear if any changes. If not, should I consult an attorney or where do I go from here.

Also just wanted to let everyone know that there is life after BK. It has taken a while, but with good credit management I have improved my scores as follows:

EQUIFAX
12/28/04 630 FAKO
4/21/06 673 - FICO

EXPERIAN
12/28/04 - 675 FAKO
4/21/06 - 688 FICO

TRANSUNION
12/28/04 - 673 - FAKO
4/21/06 - 744 - FICO

My goal is to hit the 700 mark with the two CRA that are reporting in the 600's. Just had parent had me as an authorized user. Will pull report in a few months to see if any changes. Will keep everyone updated.
Thanks.

[studentdone]

Another quick question....since BK 13 is gone from my report this derogratory account should be removed completely, shouldn't it???? I do not even want it reported.

[SinkingFast]

Our Credit Reports showed accts going back 20 years. There were a couple of vehicles we bought within the first couple years we were married that the loans for those don't show, but that's about it.

The only thing I could think to do in this case, everyone says don't do unless you absolutely need to. Send Court Certed copies of your BK, Creditor's Matrix, and your discharge showing that debt and Creditor were included in the Ch 13.

It's like handing the Judge the evidence against you is why folks say not to send any of your BK paperwork to the CRA's.

Have you tried approaching it from the Creditor side?? Maybe write them a letter stating the debt was discharged in BK and remind them that they are in violation of Fair Credit Reporting Practices by leaving the derrogatory information on your Credit Report. Maybe, at the very least, that will get them to change it to included in BK for you.