Legal Question in Bankruptcy in Wisconsin
I filed for bankruptcy in 2007. I reaffirmed an auto loan with my credit union. I never was late or missed a payment on this loan. The loan was paid about 2 years ago. I no longer have an account at this institution. This credit union is reporting to credit agencies that I was 120 days late on my loan. When I asked them about it they said this is standard policy when someone files bankruptcy. This negative reporting is hurting my credit score. My question is whether or not this is legal for them to continue reporting a delinquency when in fact there never was one.
1 Answer from Attorneys
No, creditors have an obligation to be accurate in credit reporting, and you have a right to sue them for defamation if they lie about you in a public report of this nature. As a practical matter, however, you must ask yourself whether it will be worth such a fight, as opposed to simply posting a consumer statement in this credit report indicating what they told you (without mentioning your bankruptcy). Contrary to the belief of many, the filing of bankruptcy has little effect upon contractual rights unless the sales contract is also breached, and most contractual clauses stating otherwise are void under federal law for consumer matters. The fact that you filed ch 7 bankruptcy can be mentioned on credit reports for up to ten years, although the late payments should fall off the report after 7 years under the FCPA.
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