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    Removing a bankruptcy

    I found an article about how to remove a bankruptcy, which involves disputing the BK with the 3 bureaus, and that the court house which has your record will only verify in person. Since the 3 bureaus would not be able to verify, according to law, the BK would have to be removed. If this were the case, the only other problem I see is that on my reports the creditors also individually reported by account with a BK notation. Has anyone tried this method and if so, what was the result?


    #2
    I would think that a PACER account us all it would take to verify the bankruptcy public record. Additionally, it's pretty simple to send someone local up to the courthous to verify it.

    I have seen bankruptcies removed one of two ways.

    1. There is something inacurate in the way the bankruptcy is listed on your credit report. For example the date is wrong, or the chapter is wrong, or your name is spelled wrong, or it is listed as individual when it was joint, or vice versa, or something else. You dispute the wrong information and the bankruptcy ends up deleted.

    2. Once you have moved to a different area you have all your old addresses removed from the credit bureaus and then you dispute the bankruptcy. They then don't have the correct district to look at in order to verify the bankrutcy and it is removed. Unfortunatelly, this only works if you have moved and if you can sucessfully get all your old addresses removed from your credit report.
    Filed: 10/26/2006
    Discharged: 03/05/2007
    Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

    Comment


      #3
      After repeated challenges you might eventually trick someone at the agency into making a mistake and deleting your bankruptcy. Is it fair to all the people who have legitimate mistakes on their credit reports to have you tying up the dispute managers trying to beat the system? Personally I don't think so.

      Frankly, a few of the online credit forums lately have mentioned that some of the credit agency "verify" folks have figured out that they can use PACER to verify your bankruptcy for free within a minute. My guess is this "loophole" (if it really is one) is closing fast.
      I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

      06/01/06 - Filed Ch 13
      06/28/06 - 341 Meeting
      07/18/06 - Confirmation Hearing - not confirmed, 3 objections
      10/05/06 - Hearing to resolve 2 trustee objections
      01/24/07 - Judge dismisses mortgage company objection
      09/27/07 - Confirmed at last!
      06/10/11 - Trustee confirms all payments made
      08/10/11 - DISCHARGED !

      10/02/11 - CASE CLOSED
      Countdown: 60 months paid, 0 months to go

      Comment


        #4
        Making on time payments after you bankruptcy and using credit wisely the second time around will really improve your score very quickly. You will qualify for normal rates on most loans two years out of bankruptcy as long as you manage you payments responsibly. So really why waste your time and energy trying to delete your bankruptcy.

        Spend your time making sure that your report is accurate and let the true negative history's impact fade with age.
        Filed: 10/26/2006
        Discharged: 03/05/2007
        Closed: 5/19/2008 - Asset case due to balance transfer and income tax refund

        Comment


          #5
          The last thing I am concerned with is those poor dispute managers at the credit reporting agencies.....It is part of their job, so they should be expected to do it. Cleaning up inaccurate items on our credit report is a right guaranteed by the FCRA.
          Filed Business Chapter 7: 7/11/07
          341 Meeting: 8/8/07 Asset Case
          US Trustee reviewed case/resolved 9/14/07
          Discharged: 10/11/07 Closed: 11/2/08

          Comment


            #6
            Originally posted by Boscoe View Post
            The last thing I am concerned with is those poor dispute managers at the credit reporting agencies.....It is part of their job, so they should be expected to do it.
            I'm not concerned about the credit reporting managers either. It's the poor folks waiting for their truly inaccurate reports to get corrected....yours included, Boscoe.....that aren't getting corrected because dispute managers are tied up by those who are sending in repeated false disputes trying to get their real bankruptcy deleted by trickery. Do you think that's ok?
            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

            06/01/06 - Filed Ch 13
            06/28/06 - 341 Meeting
            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
            10/05/06 - Hearing to resolve 2 trustee objections
            01/24/07 - Judge dismisses mortgage company objection
            09/27/07 - Confirmed at last!
            06/10/11 - Trustee confirms all payments made
            08/10/11 - DISCHARGED !

            10/02/11 - CASE CLOSED
            Countdown: 60 months paid, 0 months to go

            Comment


              #7
              I don't see the point in removing it, if it is true there was a BK. it would be a lie to remove it & if one plans on telling banks they never did a BK just to get a loan that can come back really bad in the future.

              The article seemed more to me like someone was just mad because they would not take it off, that is take the truth off & trying to get others mad.
              If it cannot be verified, it must be deleted.
              It CAN be verified so I dont see what the problem is other than trying to come up with a law suit which wont work because if he really filed BK, they will find out in court either way & he will lose. The article lacks in so many ways I can't even start without laughing. I am so sure people will sue them for not taking off a valid BK. He will get sued for lying on a an application if a lender should ask & they find out later. I would like to see factual cases if anyone knows of them.

              I am not concerned about there being a BK on my report & here is why. They do not just look at BK. They will look at everything. My mom went BK & in less than two years has the same exact banks giving them credit & her score is up to over 700 right where it was before. She has been approved for over 30,000 in credit in less than two years.
              She has credit coming out her ears & no one she has tried to get a loan with has turned her down. Not to mention there was over 100,000 in credit card debt forgiven.

              They are very adamant about keeping items on your credit report whether they are accurate or not.
              Only main thing in his complaint is, he wants it off BUT! his Bk is accurate & if he really wants to push that issue (in court), I am sure that beurea can push it too.
              He did not get his way. Wah!

              Other items on a report that are not true is a different story & that is why they get sued, not for not taking a true BK off. I feel there is more to the agenda than what meets the eye in that article but it was still a fun read.

              two pennies for the pot.

              Comment


                #8
                I'm not concerned about the credit reporting managers either. It's the poor folks waiting for their truly inaccurate reports to get corrected....yours included, Boscoe.....that aren't getting corrected because dispute managers are tied up by those who are sending in repeated false disputes trying to get their real bankruptcy deleted by trickery. Do you think that's ok?


                ------------------------

                C'mon, that is not why they "aren't getting corrected". If they don't respond within 30 days, by law the item must be deleted.

                After the bk is discharged, people (like me) are looking for a fresh start, which includes a good credit score. If you or anyone can guarantee that nothing on my credit report on day of discharge will prevent a 700+ credit score by 2 years later, then I am all ears.

                Otherwise, we will push to improve our credit reports in accordance with the FCRA law. If there are errors in how anything is reported, including the bk itself, then they are fair game for dispute. THAT I think is ok.
                Filed Business Chapter 7: 7/11/07
                341 Meeting: 8/8/07 Asset Case
                US Trustee reviewed case/resolved 9/14/07
                Discharged: 10/11/07 Closed: 11/2/08

                Comment


                  #9
                  Credit card companies make billions of dollars in interest off the people who can afford it the least. (I was late on my BoA CC twice after I was laid off, so BoA raised my interest rate to 32%. The other four credit card companies immediately followed suit. Those 32% interest rates caused some of my balances to go over the limit, and more fines were added and...well the rest is history. It was like watching a row of dominoes fall.)

                  Credit Bureaus give those same credit card companies every edge in charging the highest interest rates possible while routinely blocking the efforts of consumers to legitimately clean up their credit reports. They use tricks like stall letters and letters designed to get the consumer to "verify" account information. Seems clear to me that they prefer to keep the bad accounts on the CR. Not very fair, I'd say.

                  The Internet is filled with information about how to effectively repair one's credit after a BK. I just wish everyone who needs that information would make the effort to find it. And use it! Then, as informed consumers, together we could swamp the CR Bureaus with dispute letters and REALLY overwhelm their limited staff. Our credit reports would be clean in no time.

                  I've given up taking this all so seriously and feel much better letting Bradley Ross Law scrub my credit reports. What they do and the results they are able to get is worth a lot more than the $59 they charge each month. It's undoubtedly the best deal I've ever gotten.

                  I definitely want them to get the BK removed. In the future, I don't want ANY blocks to getting the best credit available.
                  The standard of success in life isn't the things. It isn't the money or the stuff. It is absolutely the amount of joy that you feel.

                  Comment


                    #10
                    LTR - how many months have you used your credit repair service and how many items have you gotten deleted?

                    Contrary to the opinion of some of the 'do gooders' out there, I totally agree with you that I truly want my fresh start - as close to where I was before all this debt nonsense as I can get. And a FICO score around 600 ain't gonna get it done.
                    Filed Business Chapter 7: 7/11/07
                    341 Meeting: 8/8/07 Asset Case
                    US Trustee reviewed case/resolved 9/14/07
                    Discharged: 10/11/07 Closed: 11/2/08

                    Comment


                      #11
                      I hadn't thought about it that way before but, with a bankruptcy on your credit report hurting your score and chances for credit, how, truly, is it a "fresh start?"

                      At anyrate, my FICO scores are actually BETTER than when I filed. a TON of stuff fell off of my report in this time. :P
                      Chapter 13 Filed "Old Law"
                      Filed: 6/2003 Confirmed: 3/2004
                      Early pay off sent: 10/05/2007 - 9 months early
                      11/16/2007 - Discharged!

                      Comment


                        #12
                        Originally posted by chpxiii View Post
                        I hadn't thought about it that way before but, with a bankruptcy on your credit report hurting your score and chances for credit, how, truly, is it a "fresh start?"

                        At anyrate, my FICO scores are actually BETTER than when I filed. a TON of stuff fell off of my report in this time. :P
                        I have always viewed that phrase as just a motto, an ideology, or maybe just a term for lawyers to get buisiness, not that it really is fresh as in new. iT is a start but not exactly what I see as being fresh. Or something like a fresh start to go into debt again if you choose. just kidding there.


                        Maybe they should change it to a refreshing new start?

                        Comment


                          #13
                          Originally posted by Love The Rain View Post
                          I definitely want them to get the BK removed. In the future, I don't want ANY blocks to getting the best credit available.
                          Hi Love The Rain

                          Even if it gets removed from all the reports for 60.00 a month, so that you can have the best credit available, what if the best credit requires a written application that asks, Did you ever file BK?

                          What do you write? NO?

                          Comment


                            #14
                            Originally posted by chpxiii View Post
                            I hadn't thought about it that way before but, with a bankruptcy on your credit report hurting your score and chances for credit, how, truly, is it a "fresh start?"
                            Keep making on-time payments and slowly rebuilding your credit, you'll see decent offers coming your way within 6-12 months after your Ch 7 discharge. After two years, frankly even with the bk on your report, if you've proven yourself, your offers will be as good as those who haven't filed. Since the alternative was unending financial disaster, this seems like a pretty good fresh start to me.

                            Most Ch 7 filers didn't get into bankruptcy overnight. This 1-2 year delay is to give you time to re-learn how to responsibly handle your finances and prove yourself a reliable, dependable money borrower again. If you delete the bk, yes, you will probably get lending faster. For some that will be fine and they can handle it. For many others, getting credit too quickly can be the start back down the financial disaster path again with only Ch 13 available to save them before eight years pass.

                            Of course, as Boscoe put it, I do include myself in the "do gooder" category...
                            Last edited by lrprn; 10-08-2007, 07:47 PM.
                            I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

                            06/01/06 - Filed Ch 13
                            06/28/06 - 341 Meeting
                            07/18/06 - Confirmation Hearing - not confirmed, 3 objections
                            10/05/06 - Hearing to resolve 2 trustee objections
                            01/24/07 - Judge dismisses mortgage company objection
                            09/27/07 - Confirmed at last!
                            06/10/11 - Trustee confirms all payments made
                            08/10/11 - DISCHARGED !

                            10/02/11 - CASE CLOSED
                            Countdown: 60 months paid, 0 months to go

                            Comment


                              #15
                              lrprn - what you say in your previous post sounds accurate, but how do you know that after 1-2 years, the effect of a bk will be minimal?

                              We all have been educated by your many posts in the last couple of years, and the concept of being basically 'recovered' from this credit hit in only 2 years, without removing any negative items from our credit reports, it quite exciting.

                              Can you provide some details? Or anyone else? I intend on posting my evolving credit situation as it unfolds. I have been cleaning up my credit report while in bk, and hopefully this week I get the discharge so I can ramp up my efforts going forward.
                              Filed Business Chapter 7: 7/11/07
                              341 Meeting: 8/8/07 Asset Case
                              US Trustee reviewed case/resolved 9/14/07
                              Discharged: 10/11/07 Closed: 11/2/08

                              Comment

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