Consumer complaint received 2021-07-19
Company: EQUIFAX, INC.
State: FL
Product: Credit reporting, credit repair services, or other personal consumer reports
Sub-product: Credit reporting
Issue: Problem with a credit reporting company's investigation into an existing problem
Sub-issue: Their investigation did not fix an error on your report

Complaint:
After serving the ( 3 ) Credit Bureaus including XXXX, XXXX  and Equifax, to be present for hearings on the below Orders attached, along with numerous complaint letters that articulated this reporting situation, which included the Federal Judicial Orders, that specifically Ordered the removal of any derogatory credit information filed. It now brings this complaint to this agency with the hope that this can finally be put behind me, with the successful resolution of this complaint. In summary, a Chapter XXXX Bankruptcy was filed on XX/XX/XXXX, which was converted to Chapter XXXX on XX/XX/XXXX due to my Attorneys negligence. The bankruptcy was discharged on XX/XX/XXXX. However, the case was not closed until XX/XX/XXXX. During the time between discharge and the case being closed, issues arose regarding improper credit reporting by credit agencies, including XXXX. 
During the course of the Bankruptcy action, and prior to discharge, all debt and loans were 100 % paid in full. There was no debt, secured or unsecured, that was not paid off. However, XXXX  continued to include the debts of the creditors on my credit report as discharged, further damaging my credit. 
On XX/XX/XXXX, upon my Motion, the Bankruptcy Court entered an ORDER GRANTING XXXX XXXX MOTION FOR ORDER DETERMINING THAT SECURED DEBTS HAVE BEEN PAID AND SATISFIED. The Order verified that secured debts with XXXX, XXXX XXXX ( as successor to XXXX XXXX XXXX XXXX  ), XXXX XXXX XXXX, and XXXX XXXX were paid off and should not show as discharged by the credit reporting agencies. More letters were sent to the credit bureau 's to remove the derogatory information, which still went ignored. 
On XX/XX/XXXX, after all credit bureaus including XXXX  were specifically and again noticed for the hearing, on a 2nd Motion to remove the derogatory credit information on my report, the Bankruptcy Court ordered, in its AMENDED ORDER GRANTING XXXX XXXX MOTION TO AMEND AND/OR MODIFY COURTS ORDER GRANTING XXXX XXXX MOTION FOR ORDER DETERMINING THAT SECURED CLAIMS HAVE BEEN PAID AND SATISFIED that the credit reporting agencies shall modify the term of information to reflect that all creditors were paid and satisfied and to delete any inaccurate and derogatory notations as in BK or negative connotations in the trade and credit lines. 
The XXXX  credit report now shows that all Debts, including XXXX, XXXX XXXX XXXX, XXXX XXXX  XXXX, XXXX XXXX XXXX, XXXX, XXXX XXXX, and XXXX  have been paid off and satisfied but still reflect the derogatory notation on the report, that a Chapter XXXX Bankruptcy was filed in XXXX, implying to any new credit providers that not all debts were paid. 
Such reference is a derogatory notation on the credit report and by that reference inaccurately reflects adversely and unfairly, affecting my ability to secure needed credit for his personal and business needs. 
It is the standing company policy of XXXX  that while Chapter XXXX Bankruptcies will stay on a credit report for ten years, Chapter XXXX Bankruptcies will stay on for only seven years, for the stated reason, the debt was not paid. XXXX  states the rationale for its policy on its website : Chapter XXXX Bankruptcy is deleted 10 years from the filing date because there is no repayment of the debt and it is discharged. Chapter XXXX bankruptcy is deleted seven years from the filing date because a portion of the debt is discharged under the discharge plan.

In this case, it has already been documented that prior to the Bankruptcy being discharged, I had in fact, paid off all of the debts, and such is now accurately reflected on my merged credit report regarding those debts and or the credit agencies deleted it from the report, but for the continued derogatory notation of Bankruptcy regardless of all accounts being paid in FULL.

It has been more than seven years since I filed the Bankruptcy Petition in this case.

Hence, the rationale for removing the Bankruptcy notation from my credit report, and under XXXX  own policy, is clear and compelling in this case. I paid all debts in full and therefore should not have to be penalized with the Bankruptcy notations, as other Debtors who instead discharged their debts. 
The maintenance of the Bankruptcy notation on the XXXX  credit report in both the Trade and Credit lines, pursuant to its own stated policies and the underlying reasons for FCRA is highly prejudicial, as well as the Courts Orders directing the bureau 's to remove such derogatory notations which were ignored, as it is preventing me from obtaining needed credit and/or forcing me to pay exorbitantly higher interest rates for credit.

Company response to consumer: Closed with explanation