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Old 01-25-2008, 09:12 PM   #1 (permalink)
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Accounts IIB

Assuming all accounts discharged in BK Chapt. 7.

It is time to start cleaning up. You dispute the accuracy of the reporting and CRA's do their job and mark all as IIB. So you move on to historical data. You start disputing each late entry. This is where I am unclear, if the data furnisher verifies that the disputed date is accurate, does it violate the automatic stay?

I have not studied the BK code that closely, yet. Looking for opinions and arguments.
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Old 01-26-2008, 09:28 AM   #2 (permalink)
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I wouldn't think so - assuming it was indeed accurate. All info before the filing date is legitimate reporting info, and IMHO is not an attempt to collect the discharged debt. They can not report anything post-filing unless it is a reaffirmed debt.
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Old 02-06-2008, 03:58 AM   #3 (permalink)
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I don't think that would be construed as a violation of the stay. For what it's worth, the best fields to dispute are the dates of last activity/status and if avaliable, date included. Obvious issues as pay status and balance history.

These fields generally never coincide with the actual public record.

An ancillary issue would be failure to mark matters as being in dispute.

Of course, and thinking down the line, the problem with FCRA violations that arise from bankruptcy is that technically, all Complaints must be brought back before the BK court. This can really hamper a Plaintiff insofar as the BK laws are very nuansced and to some extent, supercede the FCRA provisions. It can make for some headaches from what I gather.
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