If I filed for bankruptcy in 2005, was I allowed to keep certain debts out of the bankruptcy filing? 9 Answers as of July 16, 2015

I have been making on time mortgage payments since but lender won't report to credit bureau because I filed bankruptcy in the past even though I excluded the house the lender said it's against the bankruptcy laws for them them to report my on time payments.

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The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Yes the lender is correct. Your payments can NOT show on your credit unless you signed and judge approved a reaffirmation agreement.
Answer Applies to: New York
Replied: 7/16/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Most mortgage lenders do not report the ongoing payments of anyone who has filed bankruptcy because they fear that it could violate bankruptcy laws. No company has any obligation to report any debt to the credit bureaus, so you have no choice but to consider refinancing the debt if you want to see a payment record on your credit report. If you need this information in order to refinance, ask the lender to provide you with an account history showing your payment records.
Answer Applies to: Nevada
Replied: 7/14/2015
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
The lender is wrong on this..... it is a problem. However you can report your own payments.
Answer Applies to: California
Replied: 7/14/2015
Ronald K. Nims LLC | Ronald K. Nims
Many lenders refuse to make credit reports on debts covered by a bankruptcy to avoid being sued for harassment.
Answer Applies to: Ohio
Replied: 7/14/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
The banker is more or less accurate. Generally, if you reaffirm The mortgage NOTE, then the bank will report your payments. Apparently you did not do so and you might have good reason to blame your lawyer for not reviewing this with you. It is now too late to reaffirm, but perhaps you can do a new mortgage.
Answer Applies to: Wisconsin
Replied: 7/13/2015
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    It is a fairly common problem and there are few solutions. The only way I have been able to deal with the failure to report payments is the following: 1. Do a RESPA request for the lender to confirm payments for the past x years. 2. Contest the credit report of no payments. Include the RESPA response that shows the payments. 3. The Credit Reporting agencies have to verify the payments or lack. The lender cannot truthfully report anything other than the payments you have shown being made. Not sure that there is a better method but this is the only one I have been able to come up with.
    Answer Applies to: Washington
    Replied: 7/13/2015
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    You can't exclude anything from the bankruptcy. The bargain you made was full disclosure in exchange for a discharge of all dischargeable debt. It's not against the law to report to the credit bureau. It is a tactic the lenders are using. Why are you concerned about your credit report? If you are looking to refinance, there are other ways to prove your payment history. You could get a list from the lender or show bank records.
    Answer Applies to: California
    Replied: 7/13/2015
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    A problem on which I happen to be working on a statute with my local rep to force banks to report payments post-discharge regardless of whether or not the debt was reaffirmed.
    Answer Applies to: Massachusetts
    Replied: 7/13/2015
    Patrick W. Currin, Attorney at Law | Patrick Currin
    Your secured debts are not discharged although they should have been included in the filing. It is true that the post-filing payments are not reported unless a formal reaffirmation of the debt is done. Such reaffirmations require a hearing in front of a judge which costs time and money which are normally in short supply, so they do not occur often.
    Answer Applies to: California
    Replied: 7/13/2015
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