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I Filed Bankruptcy and Creditors Are Still Reporting Delinquent Debts. – Nancy

By on December 4, 2013

“Dear Steve,

I have a question with regards to bankruptcy and negative reporting by creditors. I filed for bankruptcy on 4/1/13 and the Bankruptcy Automatic Stay kept creditors from collection efforts. The bankruptcy was discharged on 7/31/13 which then reverted the automatic stay to a permanent discharge.

From what I understand, creditors cannot collect on the discharged debts, as well certain requirements they must follow regarding credit reporting. If the debts are discharged and the amounts I owed were changed to zero as of the date I filed, being 4/1/13 as a result of the bankruptcy, doesn’t that also mean they couldn’t continue reporting me as being late beyond the date I filed since they would have been reporting on being late for owing a “zero balance”?

If you have any information from a federal regulation or guidance on this, I would really appreciate it.

Nancy”

Dear Nancy,

The previous past due status of the loans would not be eliminated with the bankruptcy and the balances should all be reported at $0. All of the items should be reported as being included in bankruptcy and the delinquency clock would stop as of the date of your filing.

Typically collection agencies are the worst at updating this information.

I would urge you to get a three bureau consolidated credit report or report from all three credit bureaus for free at AnnualCreditReport.com.

Look for any credit reporting agencies that are not reporting the data correctly and file a dispute. The information on how to dispute the item will be on the credit report.

But frankly, the lesser issue is the incorrect reporting of an item. Most people make the classic mistake of not being proactive to repair their credit and that’s really what hurts them.

To learn what to do to repair your credit, read this free guide. It’s actually stupid easy to do.

Please post your responses and follow-up messages to me on this in the comments section below.

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About Steve Rhode

Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

2 Comments

  1. Jessica Martin

    December 6, 2015 at 1:10 pm

    I know this post is old but I can’t seem to find a resolution to the problem. I have tried disputing a problem like this over and over again directly with credit agencies and the original creditor to no avail. Specifically, there are 5 creditors who are reporting that my account was late AFTER I filed for bankruptcy. I do not mean they are reporting negative status prior to bankruptcy. For example, I filed in October. They reported that I was delinquent in November. The bankruptcy was discharged the following March. This results in all reports showing that I had a delinquent account in November. I completely understand that they can report delinquent status for each prior month before October. You indicated that “the delinquency clock would stop as of date of filing.” None of the 5 creditors agree, some don’t even respond and the credit agencies simply reply “verified”. I don’t know what to do. It significantly impacts a lender who reviews how I have performed after bankruptcy. I even reported this to the Consumer Financial Credit Bureau who was unable to resolve. This type of activity seems to me, unethical and unlawful. What can someone do? It’s beyond frustrating. Perhaps the wording in my dispute correspondence is confused with their right to report accounts as delinquent prior to the date one filed. Any thoughts?

    • Steve Rhode

      December 9, 2015 at 9:59 am

      Send a dispute letter to the credit bureaus with a copy of your bankruptcy filing as proof of your filing. Keep in mind that technically, the debt is delinquent, but not further, until discharged, not filed. The date is the least important factor. What you really want to make sure is if the debt was discharged that the credit report reflects it was included in the bankruptcy. In the big picture, it’s a small issue. The bigger focus should be in rebuilding your credit now and not end on a downer. See https://getoutofdebt.org/32410/how-to-easily-rebuild-your-credit-and-have-good-credit-again

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