I got my Bk off my equifax

[marializ]

I just checked my equifax and it has my bk deleted... however my score went down quite a bit.. The problem is I still have the derogatorys on my account that says included in bk. Do you just dispute them as. current and closed???

[Flamingo]

You cannot get those removed. Unfortunately, they can stay on there for 10 years from the date of filing. No creditor will remove a BK until the time period is up.

What exactly was deleted out of your Equifax report?

[CindyLou]

Yes, a BK can be deleted. In fact, it was deleted off all three of my hubby's reports! They had the wrong date filed on his, so I disputed them and I guess the court failed reply in 30 days and poof....GONE! Furthermore, all of his IIB accounts on his transunion were disputed off and is transunion is squeaky clean with a 700+ score.

It is possible. Now mine, they just corrected the dates and they are still there. (I had disputed mine at the same time)

So, they are just like any other creditor. They have 30 days to respond and if they don't the credit bureau has to delete it.

[Flamingo]

Yes, a BK can be deleted. In fact, it was deleted off all three of my hubby's reports! They had the wrong date filed on his, so I disputed them and I guess the court failed reply in 30 days and poof....GONE! Furthermore, all of his IIB accounts on his transunion were disputed off and is transunion is squeaky clean with a 700+ score.

It is possible. Now mine, they just corrected the dates and they are still there. (I had disputed mine at the same time)

So, they are just like any other creditor. They have 30 days to respond and if they don't the credit bureau has to delete it.

Unfortunately you will find that as new tapes are sent in by creditors to all three reporting agencies, your BKs will again start to appear and probably with the correct date. And if you dispute them, you will not be able to get them off until the time period runs its course. We disputed a few items also which were removed but then came back when tapes were renewed and sent in by creditors. It's an ongoing process. Your corrected Court filing will probably also eventually appear so don't be surprised when you pull your reports again for you or your hubby that all your BK items are back on there. Creditors want to report that BK on your records and credit unions are especially hostile as to removing any information. You will find out that you cannot continually dispute these items because you will be advised your claim(s) is frivilous and without merit and the items just cannot be removed. I don't want to burst your bubble but that is the way it is going to play out for you. It's hard to live with BK on your credit reports but it just does not go away no matter what you try to do. Your credit rating will eventually get higher and higher as the years go by and you keep your credit slate clean with no late or nonpayments on anything, including your house utilities.

[RickInMich]

Flamingo, did you see Cindylynnsmith's bankruptcy was discharged in Feb 2006? So it's been almost two years. I have a feeling they are lucky and will not have that BK on their credit report.

Having said that, I have a question for you or anyone. Everyone says credit unions are notoriously hostile in a BK. We have two accts. included in our BK from a credit union. And though most everyone here advises against it, we may very well end up offering to pay off the two accounts -- it's 650 on an overdraft loan and about 3300 on a credit card. Our attorney told us that this particular credit union claims that if a debtor pays off their debt, they will for all intents and purposes look past the BK when you go for a loan with them. I admit, I have a few doubts about that myself.

Anyway, my question is this. They reported us late January 1. We filed on Nov 29, though, so I don't know how they can report us late. I think that's a technical violation of the stay. So my thought is, we will offer to pay those debts off in the normal course IF they will remove ALL negative information from our credit report concerning those two accounts.

Is that possible? Could they, if they agreed, remove even the "included in bankruptcy" on those accounts? I for sure want the 30 days late removed. This is an effort to begin cleaning up our credit report. Of course, they could say no. Then we'll say forget us paying you back.

[Flamingo]

Flamingo, did you see Cindylynnsmith's bankruptcy was discharged in Feb 2006? So it's been almost two years. I have a feeling they are lucky and will not have that BK on their credit report.

Having said that, I have a question for you or anyone. Everyone says credit unions are notoriously hostile in a BK. We have two accts. included in our BK from a credit union. And though most everyone here advises against it, we may very well end up offering to pay off the two accounts -- it's 650 on an overdraft loan and about 3300 on a credit card. Our attorney told us that this particular credit union claims that if a debtor pays off their debt, they will for all intents and purposes look past the BK when you go for a loan with them. I admit, I have a few doubts about that myself.

Anyway, my question is this. They reported us late January 1. We filed on Nov 29, though, so I don't know how they can report us late. I think that's a technical violation of the stay. So my thought is, we will offer to pay those debts off in the normal course IF they will remove ALL negative information from our credit report concerning those two accounts.

Is that possible? Could they, if they agreed, remove even the "included in bankruptcy" on those accounts? I for sure want the 30 days late removed. This is an effort to begin cleaning up our credit report. Of course, they could say no. Then we'll say forget us paying you back.

Yes, I saw that and she is doing great! However, I just wanted her to know that when creditors send in new tapes to all three agencies the BK's will pop up again that she disputed as to the wrong date. The same will probably occur with the removed BK Court listing under Public Records. If it does not, it is will be a rareity and she had better go buy some lottery tickets quickly! LOL! BK just does not go away after a date dispute. It will come back fresh from the creditor - it's only a matter of time. Until she reaches that 7 year mark from her date of filing for her Chapter 13, continually disputing BK listings will just get her a letter back, as we received, from the reporting agency that her claim(s) is frivilous and without merit.

As to the credit union situation, when you include them in your BK, you can almost rest assured they will never do business with you again. Once they have a sense that you are having financial difficulties, you get red marks on their records with you and you are closely watched. Been there/been through it. Since you have already included them in your BK and have filed, you have technically filed BK and listed them as creditors in the filing. They can report you as filing BK and good luck in trying to have that removed if you decide to pay them off after filing. Once you file, you file. The would have to remove the late information when you dispute it because they cannot list anything as late or "charged off" after your filing date. Prior that date, they can.

We have an ongoing issue with a credit union that was included in our Chapter 13 which just refuses to remove the "charge off" from our credit report. They removed the word "charge" and substituted "written off" instead listing the full amount of the claim. We were not late with payments to them prior to filing. They were paid 64% of that amount but they still will not change the amount. We are letting it go for a few months and will see when we pull our reports again in a few months if things have changed. Note we were discharged one and one half years ago and have been working on this since. They also once inserted the words "account paid off for less than actual balance." We just can't get over it and will be thankful that by this time next year all this stuff will be coming off our reports as it will be 7 years since our filing in April 2009. Even with those disputes on our reports and the incorrect information, our credit scores have skyrocketed since discharge - we are now in the 780's.

I would check with your attorney and on the long shot basis that he can draft up an Agreement between you and the Credit Union to remove that information to see if that would work. That way you would have something in writing (legally) and if they don't remove the information you would have some backup and could sue them for breach of contract. The problem is that once one files bankruptcy, it's filed; it is on the record. If you buy out early or anything else that does not change the fact that you filed BK. It's not easy to get around getting that off your record and the majority will find, and CyndyLynn will, that it will keep reappring as records are updated with the reporting agencies. There really is no magic bullet but it's worth a shot.

[Boscoe]

Just a point of clarification:

The BK public record itself can stay on the credit report for 10 years (7 years for a chapter 13 filing), but the individual credit accounts can only stay on for 7 years from the date of first delinquency.

Experian is pretty good at telling you exactly when it will come off, the other 2 not as good. But after 7 years, you should only have the BK public record on your report, and by then, assuming you've stayed clean for the 7 years (i.e. no lates, no other public records, liens, etc), the BK should not hurt your score too much.

[CindyLou]

Its been approx. 18 months + since hubby's BK's have come off his report and I don't expect them to return. Also, the accounts that said IIB have been off approx 12 months.

As I said before mine are still there, but I have cleaned up quite a bit also.

There are no absolutes when it comes to this stuff, so yes, they could return. But after that long and the fact that they came off right after the BK...I would say the chances are slim.

The way that I was explained by the customer service rep from Transunion once is that she said that the tapes will only update accounts that are already on the report. There is a place on the tape for "new accts" that will place things on the acct that don't already exist, but if something has been deleted then it won't just "update" if its not there. It would have to be manually inputted into the "new acct" category to show back up on the report. This was an explanation regarding any acct you have deleted. Otherwise, they would all show back up....and none of mine have...well only one Bank of America...and each time it shows up on my alerts as a "New Acct". So I guess they got it figured out....lol.

[Flamingo]

I think we lost the original poster on this thread. If she could post exactly what was removed as to BK from her credit report and what the circumstances were surrounding that removal, that would help a bit. We heard about CindyLynn's circumstance but not back from the original poster. Unless there is a major error of some sort as there appears to have been to a date situation with CindyLynn, getting a BK off your credit reports, whether the Public Record Court information or information listed by a creditor involved in the filing, is impossible. That has been clarified to me by credit experts and two attorneys. Many places advertise they can do that for you but all they do is rip you off.

[CindyLou]

I will again TOTALLY and respectfully disagree. You can dispute ANY entry on your credit report whether the dispute is valid or not. You can dispute the date and say its wrong then it is up to the CRA to verify with the court whether that date is correct. If the court fails to respond then the BK is deleted.

Now, I am not getting into whether invalid disputes are right or wrong, but they can be done on any portion of the BK entry that you wish. You could dispute as "not mine", "date wrong", "chapter wrong" etc etc etc. And if you get lucky and the court doest respond it gets deleted. It works under the same rules as any acct on your credit report.

I intepreted the OP as saying the BK entry was deleted from their report. In answer the OP's question, in order to get their credit score up they will need to dispute those derrog. accounts as included in BK, which may require them to prove the BK, thus having the BK added back in voluntarily.

If one is gong to dispute off the BK they must do so once all accts are listed as IIB or the effort may be for nothing.

[Flamingo]

I will again TOTALLY and respectfully disagree. You can dispute ANY entry on your credit report whether the dispute is valid or not. You can dispute the date and say its wrong then it is up to the CRA to verify with the court whether that date is correct. If the court fails to respond then the BK is deleted.

Now, I am not getting into whether invalid disputes are right or wrong, but they can be done on any portion of the BK entry that you wish. You could dispute as "not mine", "date wrong", "chapter wrong" etc etc etc. And if you get lucky and the court doest respond it gets deleted. It works under the same rules as any acct on your credit report.

I intepreted the OP as saying the BK entry was deleted from their report. In answer the OP's question, in order to get their credit score up they will need to dispute those derrog. accounts as included in BK, which may require them to prove the BK, thus having the BK added back in voluntarily.

If one is gong to dispute off the BK they must do so once all accts are listed as IIB or the effort may be for nothing.

I did not post to create an issue - I merely posted my experiences and information obtained during the past 6 years. I'm sorry you are so bothered by this but if you were able to get the BK off your record and the OP also, that is marvelous but that it is not always possible as we all know and raises hopes for the majority in BK where it just will not happen. It must take a lot of work continually disputing with invalid claims. I just know that 99% of bankrupties, at least as to all the postings and information I have personally received and which I have seen on forums and other websites since early 2002, stay on one's report no matter what one does or who one hires for 7 to 10 years. Again, that is marvelous for the OP and also for you.

[Boscoe]

I too have disputed all bk public records without ANY success.

One item of clarification from CindyLynn's posts: The bk courts NEVER would respond to any inquiries, and from what I understand, that is not how the CRA's do it. They either hire someone to check public records (i.e. Pacer for a bk) or do it themselves.

I think it is misleading to say that "if the courts don't respond within 30 days, it is deleted". They are not asked, and if they were, they still would not respond. It can be difficult to get them to even answer the phone sometime, never mind researching a consumer dispute over a bk or other public record.

[FLBK7]

I too have disputed all bk public records without ANY success.

One item of clarification from CindyLynn's posts: The bk courts NEVER would respond to any inquiries, and from what I understand, that is not how the CRA's do it. They either hire someone to check public records (i.e. Pacer for a bk) or do it themselves.

I think it is misleading to say that "if the courts don't respond within 30 days, it is deleted". They are not asked, and if they were, they still would not respond. It can be difficult to get them to even answer the phone sometime, never mind researching a consumer dispute over a bk or other public record.

That is correct. The BK courts never respond to anything and the CRAs have either their employees or subcontracted agencies check the public records. A lot depends on how thorough and reliable those employees and/or subcontracted agencies are.

When a BK is deleted (for whatever reason) but all the derogatories referring to the BK remain, it is often a bigger can of worms than if the BK had never deleted. It is far better to clean up and get rid of the derogatories than the BK itself.

My sources are my BK attorney, whose firm also does credit repair on the side. And also my dear SIL in North Carolina, who is a paralegal for a BK attorney.

[CindyLou]

I stand corrected. But that was the information I was given from the CRA. Maybe it should be stated that if the CRA doesn't "verify" the information within 30 days, it will be deleted....

Regardless, the BK is gone from Hubby's reports after disputing and I'm happy with that.

I certainly wasn't trying to create an issue.

[marializ]

update

I was able to get everything deleted except for 1 thing that says included in bk. and my fico score is now 656..for equifax
...It was 526
2 weeks ago.......