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Late payments reported during month of filing CH-7

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    Late payments reported during month of filing CH-7

    I filed for CH-7 on 11/06, and it was discharged on 3/07. I recently obtained my 3 reports. TU or Equifax didn't show any lates in the detail of the report, but under "What's hurting your score" they said that late payments were hurting my score. For my Experian report, it showed detail of the late payments:
    30 days late: 11/06 = 6 times
    60 days late: 12/06 = 1 time
    90 days late: 12/06 = 4 times, 1/07 = 4 times, 4/07 = 1 time, 5/07 = 2 times

    So, I assume TU and Equifax are basing my scores on the same info. as Experian.

    I went to see the BK atty during 10/06 and up until that time all of my payments were current. The BK atty told me (and it's in writing from their info.) to stop paying on my bills. It was 11/06 before I could pay the approx. balance of $1,400 fee to file, which is when the 30 day lates started popping up on my credit report. Why would an attorney say to stop paying if it would hurt my credit score? Seems like the best advice would have been to make sure all my bills were current at the time of filing.

    I'm sure the lates after 11/06 should be removed and I plan on disputing them, but is it legal for the CRA's to report me late in the month I filed for BK (11/06)? If so, what source can I refer to when I dispute it?

    #2
    I'll comment on part of your post, and let the experts handle the rest.

    The attorney would recommed you don't pay because the debt would just get discharged in your bk anyway. The only reason other than your credit report to keep paying is if you will have extra money that you cannot exempt and will have to pay back as part of your bk.

    But, if you do have extra, I would suggest you keep paying up until the filing, as it will help your credit score post bk. But, and this is important, pay only the minimum and keep it below $600 so it won't look to the trustee like a preferential payment.
    Filed Business Chapter 7: 7/11/07
    341 Meeting: 8/8/07 Asset Case
    US Trustee reviewed case/resolved 9/14/07
    Discharged: 10/11/07 Closed: 11/2/08

    Comment


      #3
      Attorneys are not concerned with your "credit score" - that's an area where you need to "protect yourself"......

      Personally, I stayed current till I filed and it protected my credit score from any "late payments, collections, etcx"..... I have none on my record. Kept my credit score from taking a real beating......

      Of course filing BK is going to cause your credit score to drop considerably, but no late pays, etc will sure help it "bounce back quickly".......

      Many ways of looking at this too....... any money you pay a credit right before filing is really "wasted money"..... that's how your attorney looks at it. Also if you can keep paying them up until you file, why can't you pay them all the time???

      So many attorneys will tell you to stop paying cc and unsecured - this way your not wasting money, and it looks like you can't pay your bills......

      My thoughts,
      Minny

      "It's amazing the paths that our feet sometimes follow in life".

      My suggestions are from "personal experience" and research only. Do not consider this as legal advice. Each bankruptcy case is different.

      Comment

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