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KJLLAW, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 1361
Experience:  Attorney at Law Office of KJLLAW
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I had a chapter 7 bankruptcy that closed on 6/1020. A

Customer Question

I had a chapter 7 bankruptcy that closed on 6/1020. A creditor in my filing continues to show this account open and refuses to close it in my 2/2016 credit report from Equifax.
What are my options? Equifax refuses to close it though my bankruptcy is part of my credit file. They state that the creditor states the information on file is correct.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  KJLLAW replied 1 year ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

Under the US bankruptcy Code, filing a bankruptcy clears the monies owed and therefore the liability toward the creditors. All debts that were included in your bankruptcy should be reporting with a ZERO balance, show ZERO due, and should show that nothing past due after the date of your bankruptcy filing, and should be noted next to the creditor, as "included in bankruptcy' or similar verbiage. If they don’t show the zero balance and indicate that the debt was discharged in bankruptcy, then you can dispute it and ask that they add the notation.

However, if you have account history that includes late charges before you filed for bankruptcy, that history can legally continue to be reported under the Fair Credit Act. However, any incorrect dates should be removed.

Remember, a discharged debt cannot be late, so if a creditor reports a late for a date AFTER your bankruptcy filing date, and certainly post-discharge, dispute it.

Additionally, if a debt is reported as a charge off, the Federal Trade Commission states that if a debt was not in charge-off status before you filed for bankruptcy, it cannot be reported as a charge-off after your bankruptcy,

I hope this helps with your question.

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