Credit Reporting During Bankruptcy

It really doesn't matter what is being reported while a chapter 7 is pending as almost no lenders will loan money until the discharge is granted. After the discharge, it is my understanding that the creditor can report the status of the debt on the petition date, at other times pre-petition and any other negative information that was accurate prior to filing. An example would be "30 days in arrears on 3 occasions". and another could be that the debt was charged off at some point prior to the discharge, but must say that the balance is $0.00. The only other info that should be reported from the petition date forward is that the debt was included in the bankruptcy discharge with a $0.00 balance. I recommend to my clients that they wait 60 days after the discharge and pull a 3 bureau report to determine what should be disputed and to dispute the improper info with each credit bureau that is listing improper info.

This is a tricky question that really requires an evaluation by a qualified Bankruptcy Attorney in your local area. Technically, the continued reporting to a Credit Bureau is not an act to collect, assess, or recover a claim against you, so it may not be a violation of the automatic stay in Bankruptcy. However, depending on the view of the Bankruptcy Judges in your jurisdiction, and prior rulings by the Circuit Court of Appeals in your location, there may be a basis to assert that such conduct is not acceptable. Likewise, a respected Bankruptcy Attorney is more likely to be successful in convincing a Creditor to retract their prior reporting to a Credit Bureau post Bankruptcy filing, than you would be personally. My suggestion is for you to contact a local qualified Bankruptcy Attorney in your area to get a more precise rendition of whether or not you have a viable chance to succeed in getting the Creditor to cease making such reports in the interim time. Best of Luck in bringing the matter to a conclusion in your favor.