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How do I get a bankruptcy that never was removed from my record?

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    Question How do I get a bankruptcy that never was removed from my record?

    I posted a thread awhile ago about a Chapter 13 that I had filed Pro-SE. That filing, as well as the one I filed after that have both been dismissed. While I do have some non secured debt that I would like to see discharged, the main reason I filed was to save my home. Now, the original, as well as the subsequent case I filed have been dismissed by the court. Fortunately, some new avenues that might save the house have opened up.

    But, the reason I'm writing is this. Because of a misunderstanding my car which I had put down the lender as a secured creditor which as soon as the lender was informed that the Bankruptcy had been dismissed went and repossessed the car without telling me. Now, it looks like the lender is going to sell the car at auction in the very near future. That is a shame because it's a nice car, but I have been looking at auto loans for people with bad credit. One problem I have been running across is the fact that many, if not all the lenders are saying that I have both a bankruptcy as well as a repossession in the last year. How do I get this "Bankruptcy" removed without waiting 7-10 years? I would understand if the BK had actually been completed, but it was dismissed by the judge in both cases before either of them picked up much steam.

    I might be wrong about this, but if a BK is dismissed early in the proceedings then it should be deleted from the petitioners credit report, if not put on in the first place. Am I right? Again, if I am right how do I get around it?
    Thanks

    #2
    Sorry, but there is no easy way to put this. . . your filed bk twice. It is the filing that causes the reporting. You cannot undo what you did. Both cases, regardless of the outcome of either, will remain on your CR for the appropriate period of time.

    Des.

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      #3
      Both BK's will remain like Des said. The courts feel that you benefited from both of those filings with the bankruptcy stay that immediatley stopped all your creditors.

      Exactly what you said I also believed but was wrong. Will stay for 7 years for a chapter 13 filing from date of filing.

      Comment


        #4
        A CH7 will stay for 10 years.

        Another question: were your cases DISMISSED or DISCHARGED? Those are two entirely different things.
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

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          #5
          Sounds like both BKs were dismissed. Whether they are discharged or dismissed, they stay on your credit report for the same amount of time.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment

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