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  1. #1
    Join Date
    Mar 2009
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    Default Are Multiple "KD's" Legal After Filing Date

    My question involves bankruptcy in the state of: TX

    I have BK ch7 filed march 05, closed june 05-

    have some accounts paid never late up until filing date.

    CITI reports good payments in april? - then "KD" twice for may and june
    it is correctly reported as discharged thru bankruptcy.
    but is only account I have that has a 30 day late KD for MAY 05

    Question is it legal to report this nonpayment in May for a ch7 filed in march and discharge in june?

    Experian rep says it is legal... another forum said no...

    Thanks,

    Joe

  2. #2
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    Default Re: Are Multiple "KD's" Legal After Filing Date

    You're talking about KD entries for a period while your bankuptcy was pending, but with no further KD entries and the debt reported as discharged starting with the date of discharge?

  3. #3
    Join Date
    Mar 2009
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    3

    Default Re: Are Multiple "KD's" Legal After Filing Date

    Yes.

    All other accounts in BK have only on KD on date when they are included in BK.

    The CITI account has a KD the month prior AND the next month when included in BK - so 2 KDs these are between filing and dismissal on ch 7

    Thanks in advance

    Joe

  4. #4
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    Default Re: Are Multiple "KD's" Legal After Filing Date

    I don't see anything improper about that. What authority did they cite on "the other forum" to suggest that Citi and Experian got it wrong?

  5. #5
    Join Date
    Mar 2009
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    3

    Default Re: Are Multiple "KD's" Legal After Filing Date

    It is my understanding that from the filing date - there is an automatic stay - so any reporting on monthly payments for a debt Included in the filing would be considered attempts at collecting the debt and therefore illegal. After the point of filing the Trustee is in control of all debt and creditors must deal with the court and him - so I was told that the true correct reporting on the credit report would be a "KD" back at the date of Filing of the BK - once the BK has been discharged.

    I believe from what I have heard that it is not legal to report payments as late after the date of filing - correct me if I'm wrong...

    Best,

    Joe

  6. #6
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    Default Re: Are Multiple "KD's" Legal After Filing Date

    The automatic stay prevents efforts to collect a debt (subject to a bunch of exceptions that don't apply to typical consumer debts). Do you have any evidence that they were trying to collect on the debt simply by reporting the KD? (If so, what's the evidence? If you learned through a collector, that could be your hook.)

    The situation is different when a creditor responds to notice of bankruptcy by initiating a report with a credit bureau; perhaps that's what your friends in the mystery forum were talking about. Ask them to identify actual legal authority, such as case law, supporting their interpretation.

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