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thomasb180

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Can GMAC show delinquent after chapter 7 ten years ago?
Car was joint account. I filed chapter 7 in 2004. She filed chapter 13 to get car back. She died in 2008. Recently (2015) GMAC has started reporting this account on my credit as delinquent. I owe nothing, Chapter 7 was discharged in may 2005. How can the do this?

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Assuming you did not reaffirm the loan, they cannot report it as delinquent on your credit report.  In fact, that account should not appear on your report later than 7 years after you became delinquent and your Chap 7 bankruptcy should be eliminated from your reports 10 years after the date you filed your bankruptcy.  Dispute the entry and include reference to the court in which you filed your bankruptcy, the case number, the date of filing and the date of discharge.  Also, write a letter to the creditor including a copy of your discharge order and tell them that if they continue to report the account, you will file a complaint in the bankruptcy court for violation of the court's permanent injunction against collecting a discharged debt.  Keep copies of your correspondence.  If they refuse to remove the entry or report the debt again, talk to your bankruptcy attorney about filing a complaint. 

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