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Why would a creditor pull my credit report after filing?

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    Why would a creditor pull my credit report after filing?

    I just got an alert that the credit union I have my car loan with pull my credit report a week after I filed. What reason would they have for doing this? In the two years I've had the loan they ran my credit when I requested an interest rate decrease, and when I applied for a credit card a few months ago.
    Filed 10/8/09
    341 11/2/09
    Last Day For Objections 1/4/10
    Discharged 1/5/10

    #2
    Anyone? I know I'm paranoid but I can't see any normal reason why they would want a copy of my credit. I should have mentioned in my previous most that when I filed my attorney listed that car as being surrendered to the credit union.
    Filed 10/8/09
    341 11/2/09
    Last Day For Objections 1/4/10
    Discharged 1/5/10

    Comment


      #3
      Credit unions sometimes show up at the 341 and ask questions. They probably want to see what else you have on your report. Do you have any other loans with the CU?
      You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

      Comment


        #4
        No just the upside down car loan. I applied for a credit card in june I think but got denied.
        Filed 10/8/09
        341 11/2/09
        Last Day For Objections 1/4/10
        Discharged 1/5/10

        Comment


          #5
          Originally posted by BBW View Post
          No just the upside down car loan. I applied for a credit card in june I think but got denied.
          I wouldn't worry about it too much. Even if they show up to ask questions at your 341 (which is rare, but when any creditors show up, it often is the case that they are CU's) there is nothing they can do about you filing bankruptcy.

          I am assuming you moved your checking and savings accounts to another bank.

          Amex did an account review of my credit report within a week of my filing and so did my CU. Nothing has come of it so far and I am well past my 341.
          You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

          Comment


            #6
            I hope they don't show up... I didn't really use my accounts there. I think they have $25 in them.
            Filed 10/8/09
            341 11/2/09
            Last Day For Objections 1/4/10
            Discharged 1/5/10

            Comment


              #7
              if they knew about your bk when they pulled your report (can you prove that they did?) then they have TOTALLY violated the automatic stay. pulling a report is a collection method. if they show up at your 341 and they ask you questions, ask them first why they thought they had the right to pull your report right after they found out that you filed. at least tell your lawyer (if you have one).
              filed ch7 May 09
              341 june 09
              discharged, closed Aug 09

              Comment


                #8
                I filed 9 days before they pulled it. I recieved a 341 notice in the mail (as did all my creditors) 2 days before they pulled it. The only other times they have pulled it were my original auto loan application, auto loan modification request, and credit card application. That doesn't prove anything 100% but I think it's clear they were notified that I filed and pulled my report. I'm not even late yet so that can't be an excuse. Are you sure they TOTALLY violated the automatic stay?
                Filed 10/8/09
                341 11/2/09
                Last Day For Objections 1/4/10
                Discharged 1/5/10

                Comment


                  #9
                  Originally posted by BBW View Post
                  I filed 9 days before they pulled it. I recieved a 341 notice in the mail (as did all my creditors) 2 days before they pulled it. The only other times they have pulled it were my original auto loan application, auto loan modification request, and credit card application. That doesn't prove anything 100% but I think it's clear they were notified that I filed and pulled my report. I'm not even late yet so that can't be an excuse. Are you sure they TOTALLY violated the automatic stay?
                  It could be as simple a situation as they pulled it to see if it was showing up on your reports. I would not worry about it at this point.
                  You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                  Comment


                    #10
                    I am very concerned they may try to file an adversary action. I was a little libral when stating my income on my loan applications. And they did give me $9k cash out when I financed my car.
                    Filed 10/8/09
                    341 11/2/09
                    Last Day For Objections 1/4/10
                    Discharged 1/5/10

                    Comment


                      #11
                      Originally posted by music12 View Post
                      if they knew about your bk when they pulled your report (can you prove that they did?) then they have TOTALLY violated the automatic stay. pulling a report is a collection method. if they show up at your 341 and they ask you questions, ask them first why they thought they had the right to pull your report right after they found out that you filed. at least tell your lawyer (if you have one).
                      How have they violated the automatic stay by looking for information? It is likely that they automatically pull it every couple of months and that is probably a part of your credit union agreement, and if you still have an account they have the right, even in bankruptcy.
                      I am a Pennsylvania Eastern and Middle District Bankruptcy, FDCPA, FCRA and Foreclosure Defense attorney, information I post is based on experience in these districts. It is not legal counsel, consider it friendly counsel.

                      Comment


                        #12
                        Originally posted by BBW View Post
                        I am very concerned they may try to file an adversary action. I was a little libral when stating my income on my loan applications. And they did give me $9k cash out when I financed my car.
                        How much did you overstate your income, and when did they give you the 9k cash out on your car? Has it been in the last six months?

                        Also, I respectfully disagree with Music12 about the CU's right to pull your report. You have an account with them so any pull of your report is a permissible purpose in my opinion.
                        You can't take a picture of this. It's already gone. ~~Nate, Six Feet Under

                        Comment


                          #13
                          Originally posted by JimKutkowski View Post
                          How have they violated the automatic stay by looking for information? It is likely that they automatically pull it every couple of months and that is probably a part of your credit union agreement, and if you still have an account they have the right, even in bankruptcy.
                          according to the OP, they did not pull his report on a regular basis, but only when he applied to something, so it appears that this pull was action they took after they knew of the bk filing.

                          when i read the list of allowed reasons for creditors to pull credit reports, as far as i remember it was limited to either checking someone's credit worthiness or collection activity. there is no other allowed reason to look for info that i remember. is there?
                          filed ch7 May 09
                          341 june 09
                          discharged, closed Aug 09

                          Comment


                            #14
                            Originally posted by JimKutkowski View Post
                            How have they violated the automatic stay by looking for information? It is likely that they automatically pull it every couple of months and that is probably a part of your credit union agreement, and if you still have an account they have the right, even in bankruptcy.
                            As I said before, they only pull it when I apply for something. In 2 years, 3 pulls all initiated by me asking for something.
                            Filed 10/8/09
                            341 11/2/09
                            Last Day For Objections 1/4/10
                            Discharged 1/5/10

                            Comment


                              #15
                              Originally posted by backtoschool View Post
                              How much did you overstate your income, and when did they give you the 9k cash out on your car? Has it been in the last six months?

                              Also, I respectfully disagree with Music12 about the CU's right to pull your report. You have an account with them so any pull of your report is a permissible purpose in my opinion.
                              Probably $8-10k that year. It was 2 years ago.
                              Filed 10/8/09
                              341 11/2/09
                              Last Day For Objections 1/4/10
                              Discharged 1/5/10

                              Comment

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