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    Removing BK From record

    in December of 2009, it will have been 10 years since filing BK in the state of Pennsylvania. Thank god! I have been all over my post BK credit over the years, and things are pretty good. The BK really allowed me to start over, and rebuilding credit was not that hard until the larger loans were needed. Specifically business loans and home loans.

    Credit scores now are mid 700's which is good for most things, but in this current lending enviornment I still think having even a 10 year old public record/discharged BK is a handicap.

    I have read about people being able to have these records expunged using various techniques, but I'd like to know what some of you folks have done to clear these items. Lexington Law firm info is out there, but how good are they? Any idea what this kind of service costs?

    Ideas?

    20

    #2
    You could just try disputing the BK record with the CRAs. Look at the record on your CR, if anything is off just a little, dispute it. Heck, even if it is correct, dispute it. The CRAs probably can't access all of your filing on PACER as it is probably archived and only has your basic data, like name and filing date and date of discharge, I bet you anything to access your petition, they will have to go down to the court and get the info from microfiche. CRAs aren't going to do that.

    SInce your BK is so old and due to drop of anyway in DEC, they may just delete it, instead of dealing with possible violations.


    I would try that first, really can't hurt and you may gain a few months of no BK record.

    Don't use a place like LEX LAW, they will only charge you for things you can do yourself.

    Comment


      #3
      So you think I might be able to just send them a letter and tell them i am disputing the BK and that's enough? I don't think there's anything wrong with the record they have, but I can just dispute it anyway? I know they can only verify these records by personally going to the courthouse anyway, which they may not do. If I wait until the full 10 years will it automatically drop off?

      Once it's gone how do I answer the question have you ever filed BK?

      Comment


        #4
        At 10 years it will drop off your record.

        Comment


          #5
          I would start by just disputing it online with the CRAs. Obtain your credit report for free with the annual credit report option and then dispute it that way.

          Saves you the time of writing letters and mailing them.


          When you obtain your CR, just hit the dispute button and go to the public record section and dispute it. Don't use one of the generic answers, click "other " or similar and then type in something like, date of filing not in accordance with debtors records" or some other mumbo jumbo, that way they can't just give it a generic code and basically ignore it. A rep from the CRA will have to investigate and believe me, they don't want to do the work.

          They will probably just go, ok, close enough to 10 years, zap!


          They might not, but with some baddies that I have had before that were close to a 7 year mark on my CR, I have found that if theyt were going to drop off within a few months, they just delete. Saves them a lot of trouble for something that is going to come off anyway.

          As far as answering the question if you filed, I guess that is your judgement call to make and kind of depends on who is asking.

          Comment


            #6
            Ok, ordered and printed all 3 reports. Equifax and TU both say Dec. 1, 1999 filed. It was actually Dec. 6th. I can dispute that based of wrong data. Experian has reference number wrong. they placed a "0" in the position that on my records it is a "-". I can dispute the experian record based on that.

            Thin...real thin. Still, using the generic explanation of "your records indicated on the report differs from court documents" deal might work. You think?

            If I dispute it and they go for it, how long do you think it will take for them to drop it off?

            Comment


              #7
              You've already come 9 years 5 months. 7 more months, and it will fall off all by itself. But, it is possible to dispute any record for any reason and there is a chance it will dissapear.

              I wouldn't use the online disputes, but send your own letter. These have worked better for me, and permit you to dispute even the most minute details.

              Comment


                #8
                LOL - I disputed an older issue on my credit report.

                It was a Chevron cc that I had with my ex-husband that had late pays. I disputed it and said that it was a card belonging to my ex-husband and not my responsibility. They removed it from my report within 10 days.

                Can't hurt to dispute anything and everything that appears negative.
                Chapter 7 filed 10/21/2008
                341 - 11/26 went smooth NO ASSET
                Took 115 days after 341 - But Finally DISCHARGED 3/25/09

                Comment


                  #9
                  Generally speaking, the CRAs remove items 6 months prior to their scheduled fall off date.
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog

                  Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

                  Comment


                    #10
                    I have found that it is easier to dispute online first. Then if they don't delete, you send a CRR letter disputing with the CRAs and basically become a pain in the A** to them. If an item is due to fall off soon, they tend to delete it than have to deal with a PITA consumer. Plus, you can usually get them to violate the FDCPA and FCRA and send a nice letter detailing the violations and they tend to fold. Not always, but quite a few times, you will get a deletion.


                    SInce you only have a few months, disputing online seems the easiest way to go, and it can't really come back to bite you in the butt, since it will drop off anyway. Worst case scenario, it stays util DEC, best case, it is deleted a few months early.

                    Comment


                      #11
                      Gracias guys. I am just about to need a good credit rating and it sure would be nice to not have to write narrative after narrative to explain this BK situation. I had to write a letter to Experian because I couldn't get it done online. Transunion and Equifax online were a piece of cake. We'll see what happens.

                      I was under the impression that the public record stayed there even after the 10 years haunting you. If I could get it deleted I'd be a happy dude, that's for sure!

                      Comment


                        #12
                        It is supposed to drop off after 10 years. So even if it stays until DEC for some reason, after that , you should be golden with no BK on your CR. If it does persist after the 10 year mark, get nasty with the CRAs.

                        Comment


                          #13
                          When I was a mortgage broker, we used credit repair to help our customers get their credit in order so they could get a mortgage down the road. I have seen a 3 year old bankruptcy get taken off all 3 bureaus. The bk was legit, but somehow the company disputed it and threatened to sue over it. It was only $300 for the credit repair, but for the life of me I can't find them(it was 5 years ago).
                          I will try like hell to find the company she used. I am not sure what chapter she filed. Or if it ever reapeared.

                          Here is a link with some useful info on how to:
                          Last edited by Brighterdays; 04-26-2009, 02:50 PM.

                          Comment


                            #14
                            Originally posted by hindsight2020 View Post
                            in December of 2009, it will have been 10 years since filing BK in the state of Pennsylvania. Thank god! I have been all over my post BK credit over the years, and things are pretty good. The BK really allowed me to start over, and rebuilding credit was not that hard until the larger loans were needed. Specifically business loans and home loans.

                            Credit scores now are mid 700's which is good for most things, but in this current lending enviornment I still think having even a 10 year old public record/discharged BK is a handicap.

                            I have read about people being able to have these records expunged using various techniques, but I'd like to know what some of you folks have done to clear these items. Lexington Law firm info is out there, but how good are they? Any idea what this kind of service costs?

                            Ideas?

                            20
                            Hindsight - ours is dropping off this month (April). I am waiting until about mid-May to pull our free annual credit reports which I usually do each January. That way some of the BK accounts should have dropped off. If you have been pulling your credit reports over the past 10 years, you will notice many of them indicate that something like this..."this information will remain on record until on xx/xxxx" (month/year of your filing). You need to let that time pass and then pull your records. If items are still showing as BK, dispute via snail mail (not online) sending in a copy of the date you filed and a copy of your discharge. That should be enough to get the information off your reports. Also ensure they remove the public record information from the Court and if you have a statement of any kind in there as to your BK filing, remove it.
                            _________________________________________
                            Filed 5 Year Chapter 13: April 2002
                            Early Buy-Out: April 2006
                            Discharge: August 2006

                            "A credit card is a snake in your pocket"

                            Comment


                              #15
                              Originally posted by Brighterdays View Post
                              When I was a mortgage broker, we used credit repair to help our customers get their credit in order so they could get a mortgage down the road. I have seen a 3 year old bankruptcy get taken off all 3 bureaus. The bk was legit, but somehow the company disputed it and threatened to sue over it. It was only $300 for the credit repair, but for the life of me I can't find them(it was 5 years ago).
                              I will try like hell to find the company she used. I am not sure what chapter she filed. Or if it ever reapeared.

                              Here is a link with some useful info on how to:
                              http://www.answerbag.com/articles/Ho...1-d456ab82ffd0
                              What you are referring to is what these credit repair companies do...they keep disputing things on your credit reports on a continual basis. The CRA's remove the disputed items temporarily from the report while they investigate the dispute. When it is all said and done, it all goes right back on eventually. Everyone thinks it disappears so all that money paid to the so called "repair" places is right out the window and in their pockets.

                              I disputed several items on my reports what were once correctly listed as being in Chapter 13 and for some reasoon got switched over to being in a Chapter 7. While under dispute, they were off my reports for about 6 months. But guess what! Back the are and changed to Chapter 13! :-) However, thankfully, after this month they will be off permanently since the required 7 year filing mark has passed for their removal.
                              _________________________________________
                              Filed 5 Year Chapter 13: April 2002
                              Early Buy-Out: April 2006
                              Discharge: August 2006

                              "A credit card is a snake in your pocket"

                              Comment

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