Mike_chpt13
07-23-2003, 09:26 PM
I have a question of how a Creditor is allowed to report an account that is included in a chapter 13 BK. I filed Chpater 13 2 and 1/2 years ago. Well all creditors must file a claim to be paid back in a CHpater 13 plan. Each creditor that filed on time was to receive 30% of the claim over 3 years.
Well First USA filed ther claim 15 days after the deadline to file and the Judge said "Sorry...you get nothing." Well now, in an attempt to retaliate against me me, First USA now is reporting my account as a CHARGED OFF ACCOUNT and 120+ days late 9 times. THe account was never paid 1 day late. The 120+ days late is because there is a Stay from any collection on that account by Federal BK Law.
I wrote them a letter explaining that they are deliberately reporting false information on this account that IS INCLUDED IN BK. They wrote back that since the account had a balance at time of FIling BK, that they "Took that balance amount as a Loss." I contend that this is false information and they know it. They will not be getting a dime, the account will be discharged when I maek the last payment in January 04. It can't be late as they can;t collect on it. Any one think that this grounds for a lawsuit???? When that suddenly changed this account 3 months ago to charge off, currently 120+ days late, 120+ days late 9 times, my Equifax score dropped 30 points. I beleive this false information has caused me damages.
Should I pursue this or just wait until discharge and then make them change it to DISCHARGED IB BK???
Any help on statues on this matter would be appreciated.
:?:
Well First USA filed ther claim 15 days after the deadline to file and the Judge said "Sorry...you get nothing." Well now, in an attempt to retaliate against me me, First USA now is reporting my account as a CHARGED OFF ACCOUNT and 120+ days late 9 times. THe account was never paid 1 day late. The 120+ days late is because there is a Stay from any collection on that account by Federal BK Law.
I wrote them a letter explaining that they are deliberately reporting false information on this account that IS INCLUDED IN BK. They wrote back that since the account had a balance at time of FIling BK, that they "Took that balance amount as a Loss." I contend that this is false information and they know it. They will not be getting a dime, the account will be discharged when I maek the last payment in January 04. It can't be late as they can;t collect on it. Any one think that this grounds for a lawsuit???? When that suddenly changed this account 3 months ago to charge off, currently 120+ days late, 120+ days late 9 times, my Equifax score dropped 30 points. I beleive this false information has caused me damages.
Should I pursue this or just wait until discharge and then make them change it to DISCHARGED IB BK???
Any help on statues on this matter would be appreciated.
:?: