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A.J.
A.J., Attorney
Category: Bankruptcy Law
Satisfied Customers: 4300
Experience:  Experienced consumer bankruptcy attorney.
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I am currently in chapter 13. I filed in March 2012 and was

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I am currently in chapter 13. I filed in March 2012 and was confirmed April 2012. My question is about credit reporting. My understanding is that my creditors should not be reporting me as past due once my bankruptcy was confirmed, is that accurate?

I have been disputing this on my credit reports, but nothing is changing so I want to make sure that my understanding of the law is correct.

SavyLawyer :

Hello, and thank you for contacting Just Answer. My name isXXXXX am a bankruptcy law professional, and I look forward to answering your question this morning.

Customer:

Hello


 

SavyLawyer :

You are correct, a creditor whose debt is an approved part of a chapter 13 plan should not be reporting the debt as past due, and the amount owed should be reported as whatever the amount that has been set by the court is (As opposed to what they would claim you still owe otherwise).

Customer:

Should I contact a credit report lawyer if they do not remove this information?


 

SavyLawyer :

Yes, there are really two options to try and deal with this if the credit reporting agencies do not remove the mistakes (and change how they are reporting going forward). First, you can raise the issue as a violation of the agreed upon chapter 13 plan, although if you do not already have a bankruptcy attorney, I would retain one prior to doing so, as different judges will react to such a motion differently, and it would be prudent to have an attorney making the argument for you.

SavyLawyer :

Second, you could consider this an issue outside of the bankruptcy (which for all intents and purposes it is), and seek counsel for bringing action against one or more of the credit reporting agencies for allowing false information under the Fair Credit Reporting Act.

SavyLawyer :

In that case, a consumer protection/credit reporting attorney would be helpful (As opposed to a bankruptcy attorney, although you may find some who have experience in both).

Customer:

Okay, great. I did not want to keep fighting and arguing if I was wrong in my thinking

Customer:

You have been a great help!

SavyLawyer :

It is my pleasure. Based on the information you have provided, you are correct, although it is certainly always worth consulting in person with an attorney prior to taking any further legal action. If you do not already have access to an attorney, the California State Bar Association has a referral program that can be reached at:

SavyLawyer :

1-866-442-2529

SavyLawyer :

Confirming information and forming a strategy of response with an attorney in person is always the best approach to any legal situation.

SavyLawyer :

I appreciate the opportunity to answer your question. If you do not need any further information, please remember to RATE my answer so that I can receive credit for my work.

Customer:

Thank you

SavyLawyer :

You are very welcome, it has been a pleasure chatting with you.

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