New York, NY asked in Bankruptcy, Consumer Law, Collections and Small Claims for New Jersey

Q: Hi! What happens with the 7 year credit statue after chapter 13 dismissal?

So I recently had my chapter 13 dismissed. I no longer needed the automatic stay for my apartment. My landlord had been receiving nj rental assistance without my knowledge. When I found out she was getting double rent, I stopped. I was given a STUDENT(yet to even take the bar) who wasn’t doing much of anything. Never called NJDCAID to simply get the dates and amounts paid to her. kept my proof and receipts. She lied about also not receiving a check, I had to send screen recordings with her number and voice telling me to send her a photo of my license. He didn’t believe me until then & even after, didn’t care to help so I had to go through hell on my own, make over 40 calls to get one email he could’ve received in seconds. Eviction dismissed, but damage done.

With that said, I’m seeing the creditors going back on my report. Problem is, it’s showing the date put back on. Not ORIGINAL date. charge Ex: charge off added July 10,2024. Is my 7 year statue starting over?? Thank you!

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Bankruptcy Lawyer
  • Sacramento, CA

A: When your Chapter 13 bankruptcy is dismissed, creditors can resume their collection efforts, which includes reporting debts to credit bureaus. However, the seven-year statute for negative items on your credit report should start from the date of the original delinquency, not the date they reappear.

If a debt that was previously reported and charged off shows a new date, it's important to dispute this with the credit bureaus. The reporting should reflect the original delinquency date, not the date the debt was re-added after dismissal.

Document all communication and keep copies of your records when disputing. This ensures you have proof of the original dates and supports your dispute to correct any errors on your credit report.

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