Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
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.
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).
Should I contact a credit report lawyer if they do not remove this information?
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.
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.
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).
Okay, great. I did not want to keep fighting and arguing if I was wrong in my thinking
You have been a great help!
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:
Confirming information and forming a strategy of response with an attorney in person is always the best approach to any legal situation.
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You are very welcome, it has been a pleasure chatting with you.