Legal Question in Bankruptcy in Utah

Informing cerditors of Chapter 7 filing - legal requirements of creditors

None of accounts were overdue for payment at time of our filing Chapter 7 with a Utah court. All creditors were informed of our bankruptcy (via telephone with all pertinent information banruptcy # etc.) within 24-48 hours of the date of filing. Our credit report (after discharge) now lists these accounts as being 120 days or more overdue then a bankruptcy discharge. This is incorrect in our view. Can our creditors legally list us this way as they were informed of our bankruptcy before our accounts were overdue payment? Is there anything we can do to correct this?


Asked on 5/08/01, 10:14 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Informing cerditors of Chapter 7 filing - legal requirements of creditors

The creditors can only file the truth, and if you were not delinquent then you can contest the incorrect information. Send a letter to the credit reporting agencies which explains the facts and ask them for a review. It is possible that the reporting companies did not charge off your debts for 120 days after notice of the bankruptcy. As you know the day you file stops collection efforts, but the date of discharge of the bankruptcy is the date at which time the debts legally cease to exist.

You can also file an explanatory letter with the credit bureau to explain your side, although it is not likely to affect your credit worthiness.

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Answered on 6/20/01, 6:38 pm


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