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Charge off showing after filing bk

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    Charge off showing after filing bk

    I have recently been discharged in chapter 7 bk. The discharge date was November 13th. Once I filed for bankruptcy, I immediately bought a years worth of unlimited credit reports. After discharge, I disputed all the information that wasn't correct, ie, charge-offs, balances still showing. Most of these have been taken care of, however two companies reported as correct. I contacted these companies to see why they are still showing sold/collection/charge off and even one company, my mortgage company shows foreclosure/collection account with a balance. They told me that they are following the law and are reporting everything correctly.

    The sold account, Best Buy, tells me that since they no longer own my account, they are reporting correctly. I thought that once notified of bk they have to pull all the companies that it has been sold to and have to report in bankruptcy/discharged. Is this true and what is there to do?

    As for my mortgage company, they tell me that they are following the law as well and are even still reporting a balance every month for late charges, so my balance increases each month. How can they be reporting this when it has been discharged and still increasing the balance and how can this be fixed?

    #2
    The charge offs are legal as long as they were charged off before you filed bk... sorry.

    As for the mortgage company, if you lost your house to repo, they can list the repo, but if the debt was discharged in bk they most definitely can NOT show a balance owing. If you haven't already, call the mortgage company and ask to speak with their bankruptcy department. Then explain to them that you have a discharge in hand for the debt and that if they do not cease reporting the debt as still owed, you will file a lawsuit against them for breach of stay.
    Filed Ch. 7 Pro-Se: 10/12/06
    341: 11/6/06 (went AMAZINGLY well!)
    Discharge: 1/12/07
    Closed:1/19/07

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      #3
      Actually - if you have discharge in hand - there is no more stay.

      With all else being equal - they would be in violation of the permanent injunction of the bankruptcy.

      I wouldn't call - I'd write - CMRR, and I wouldn't threaten to sue unless you intend to as there are consquences to making such a threat, if you do not intend to follow up on it.

      Originally posted by LostOne0069 View Post
      The charge offs are legal as long as they were charged off before you filed bk... sorry.

      As for the mortgage company, if you lost your house to repo, they can list the repo, but if the debt was discharged in bk they most definitely can NOT show a balance owing. If you haven't already, call the mortgage company and ask to speak with their bankruptcy department. Then explain to them that you have a discharge in hand for the debt and that if they do not cease reporting the debt as still owed, you will file a lawsuit against them for breach of stay.

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        #4
        Thanks for the advice. I don't intend to sue, but would make a nice Christmas bonus. On their mortgage report on the CR it states balance amount, past due and the other factors like high credit payment amount.
        It states foreclosure; collection account.

        The best buy was charged off before filing. It was charged off in 2005. There is no way to get them to remove that by any chance, I suppose.

        I will write the mortgage company and let them know everything and hopefully that works. I will let y'all know what happens.
        Thanks for the info.

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