Legal Question in Bankruptcy in California

Re: Credit Reporting

Volvo's negative reports violated both the automatic stay as well as the discharge injunction. The filing of a bankruptcy invokes Section 362 of the Bankruptcy Code that operates as a stay, applicable to all entities of the commencement or the continuation of any process, or other action, or proceeding against the debtor. A creditor who violates this order can be required to pay damages and attorneys to the debtor. Additionally, under the Federal fair Credit Reporting Act, creditors are required to report only 100% accurate credit information and to investigate any claims of inaccuracy after receiving such a claim. While the payments made by the chapter 13 Trustee to Volvo might have been late pursuant to your original contract, they were timely under the confirmed chapter 13 plan. Additionally, since Volvo accepted the payments without objection, they waived any right to report these payments late. Therefore, Volvo must immediately delete, update and correct these very serious reporting errors and supply a corrected credit profile to you forthwith.