Charge-off (sometimes called "write-off") is an accounting term used by creditors when they move a delinquent account from its accounts receivable books to its bad debt ledger. This usually occurs between 180 and 240 days from the date of the last payment. The fact that an account is charged-off does not mean the debt may not be collected later. The charge-off date also does not correspond to the statute of limitations on collecting a debt, or the date that an entry on a credit record must be removed. All three dates or deadlines are independent of each other and have different meanings.
Because an account is charged off does not mean the creditor lacks a legal right to collect the debt. To the contrary, the creditor may move the account to its own internal collections department, or sell the debt to a third-party collection agency.
Bankruptcy and Credit Reports
Generally speaking, any account included in a bankruptcy filing will appear on a credit reports as "included in bankruptcy," and reflect a $0 balance. It should not appear as open and past due. To correct this problem, you should first pull a copy of your credit report from each of the three major credit bureaus (Equifax, TransUnion, and Experian), then carefully review the reports to identify which discharged accounts are being reported inaccurately.
You can access free copies of your credit reports at AnnualCreditReport.com, a Web site sponsored by the credit bureaus in compliance with federal law allowing all consumers to obtain a free copy of each bureau's credit report once every twelve months. Next, you should dispute the incorrect listings with the credit bureaus. See the Federal Trade Commission document FTC Facts for Consumers: How to Dispute Credit Report Errors for more information.
When disputing an account discharged in bankruptcy, include a copy of your credit report showing the inaccurate listing, as well as a copy of the order of discharge from the bankruptcy court, to show that the same account appearing on your report as delinquent was discharged in your bankruptcy filing. Once the credit bureaus receive your dispute letter, they should forward the documents to the creditors in question so the creditors can either challenge the disputes or correct the inaccurate listings. Given the fact that these debts were discharged in bankruptcy, there is no reason that the accounts should not be updated to reflect an accurate status. Having these accounts correctly listed on your credit reports should reduce their negative impact on your credit score, helping you rebuild a credit score after a bankruptcy filing. Although an account discharged in bankruptcy is not good for your credit score, having both a bankruptcy and delinquent balances on your credit report is usually worse.
Credit reports are notoriously inaccurate, so it is important to regularly review your credit profile to verify that all of the information being reported by your creditors is accurate. Carefully monitoring your credit history and disputing inaccurate items can significantly increase your credit score, which could save you thousands of dollars in interest on a mortgage, auto loans, and other forms of credit. To learn more about credit scoring and credit reports, visit the Credit Solutions section of Bills.com.
Sappington, MO | January 28, 2012
January 29, 2012
For more information and tips on how to dispute the items see the Bills.com page derogatory item on credit report after bankruptcy.
Jackson, MS | January 20, 2012
January 23, 2012
Once a debt is discharged in chapter 7 bankruptcy the debtor no longer has personal liability for the debt. The debt is extinguished. However, mortgages and deeds in trust are secured by property. This means the lender still has the right to foreclose if the debtor stops making payments. You do not mention where you are in the chapter 7. Did the bankruptcy court issue the discharge order yet? If no, then the mortgage lender is stayed — frozen from acting until the court issues its final discharge order. If the bankruptcy discharge was published, what did it say?
Regarding your credit report, the mortgage lender will cease to report any new information on your mortgage to the credit reporting agencies. Consult with your bankruptcy lawyer for a more detailed response to your question, which will be based on your exact circumstances.
Loma Linda, CA | October 13, 2011
October 14, 2011
Louisville, KY | May 09, 2011
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Bolingbrook, IL | May 05, 2011
May 05, 2011
Hamilton, OH | October 18, 2011
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