Technical Question for Objection to Claim

[tigergem]

If a creditor presented a claim for $x2.00 to the BK court, and on 05/20/2010 updated one's credit report to reflect a balance owing of $x1.00 amount, (not IIB and $0) is it appropriate to use the newly updated credit report and cite the FCRA requirement for reporting accuracy to dispute the amount of the claim?

This is in light of other basis for objection, this would not be the sole basis for objection.

[MSbklawyer]

They file a claim for one amount and post a different amount on the credit report? That's what you're asking?

Sure, I think that the different amount that they report on the credit report would be persuasive evidence that the amount of their claim is wrong. Of course, they will use the converse argument that their proof of claim is persuasive evidence that the credit report is erroneous.

[tigergem]

This was newly updated information - TODAY. I had disputed the entry on my credit report with hopes of getting reported as IIB and $0 balance entry put on there for this tradeline... but this new balance information is "verified" and current. And about $25k less than their claim amount. Granted the claim is bifurcated and the disputed amount is unsecured, and my current plan allows less than 1% to unsecured. But my interest is in protecting as much of my future income over the next 4 1/2 years as possible.

I don't think they can argue that the credit report is wrong when they have gone to the trouble of annotating on there that "this account requires special handling". (I have been a real thorn in their side lol.)

Also this amount is not different than the previous balance reported .... all along on the credit reports.