Whitney asked in Business & FinanceCredit · 1 decade ago

Husband filed bankruptcy 10/2003- validating all debt?

I want to know who I send letters to to try to get it off his credit report.

Can you get rid of a Chapter 13 off? Who do I send the letter to- the attorney or the bureau? It was dismissed 07/2006. Credit report says it will be removed 09/2010

Any suggestions on what steps to take and in what order would help on this.

Everything below is filed under bankrupcty- Any suggestions on what steps to take and in what order would help on this.

Bank of America (included in bankruptcy)

removal date: 09/2010

Chase NA (Chapter 13 Bankruptcy)

removal date: 08/2010

GEMB/Wal Mart (Chapter 13 Bankruptcy)

removal date: 08/2010

HSBC (Chapter 13 Bankruptcy)

removal date: 01/2010

HSBC Best Buy (Chapter 13 Bankruptcy)

removal date: 08/2010

Kohls Department Store (Profit and loss Writeoff-Charged off as bad Debt)

removal date: 08/2010

Preferred Credit (Chapter 13 Bankruptcy)

removal date: 02/2011

Primus Financial- AUTO secured debt (this was filed in Chapter 13 Bankruptcy but it doesn't say it on report) Repoed

removal date: 10/2010

Wells Farge- AUTO secured debt (Chapter 13 bankruptcy) Repoed

removal date: 10/2011

I want to try to get all of the above off of his credit reports. Any suggestions on what steps to take and in what order would help on this.

Inquiries:

-Weltman Weinberg, Reis requested on 06/2008

-Arrow Financial Services requested on 01/2008

permissable purpose: Collection

-Weltman Weinberg, Reis requested on 04/2008

permissable purpose: Collection

I would like to request information on these as well.

I know it's alot. Any and all advice is greatly appreciated :)

Update:

Ok.. apparently I wasn't clear...

I want to dispute EVERYTHING to try to get it off his credit report. I know it will disappear after 7 years, but it has already been 5 and if they can't verify within 30 days, don't they have to remove it?

I want to know what steps I need to take to do this. Letters? Contact anyone? Prove they haven't abided by laws...

anyone?

8 Answers

Relevance
  • 1 decade ago
    Best Answer

    It appears that everyone is drinking from the same glass of kool-aid on this matter. I have to disagree with every single last person on this matter. Bankruptcies are reported for UP to 10 years, not 10 years automatically. So, let's say you dispute the bankruptcy and state something is wrong. In most cases, the credit reporting agency has to hire someone OR have someone physically at the local court of jurisdiction to go out and search for the bankruptcy proceedings to ensure that the bankruptcy is legitimate. Now, as I stated before, a bankruptcy can last for UP to 10 years, not 10 years as a set in stone standard. I am assuming that when you mean "dismissed", you mean all of the debts are discharged. Courts are not required to hold on to bankruptcy case documentation for more than 3 years in their immediate reach. This is why places like Iron Mountain and others are doing so well now because the paperwork is shifted offsite. Most cases, bankruptcies are not even challenged and thus they fall back off the credit report.

    As to your question about them verifying things within 30 days... While CRAs are required to send all items out for investigation and receive a response within 30 calendar days, the fair credit reporting act does not allow us to escape the chance of the negative credit item reappearing on the report. The act only prohibits items which are outdated, inaccurate, or unable to be verified being left on your credit report. However, if the original creditor of record is able to prove that the debt is legitimate, the negative item can be RE-INSERTED back on your credit file. (as stated in Fair Credit Reporting Act)

    I am troubled by the fact that you have collection agencies and what appears to be another lawfirm hounding your husband for debts. Hopefully, these were included in the bankruptcy. If they were, you will be required to send the bankruptcy court's decision ruling all debts were discharged. Subsequently, you will be able to demand that they remove any inquiries from your credit as a result of this. You should try to get in touch with these places immediately to find out what those are.. Now, if these are past debts, and were not part of the bankruptcy settlement, then check your state's statute of limitations.. Depending on your state, the debt may have expired and thus, you can tell them the statute of limitations prohibits collection on this debt. Send a cease and desist letter to them basically telling them to leave your husband alone.. (he must send it)..

    Your only legal option at this point is to dispute through the CRA.. Do not dispute to the courthouse or the original creditors.. The CRA will handle this process for you electronically through a system called E-OSCAR..

    I know you will have questions, so e-mail me..

    **ONE other point** I just realized that your bankruptcy case may have never proceeded and the judge may have thrown it out.. In that case then, the bankruptcy has no right to be on your file and once you dispute with the CRA, it should be resolved.. Under the Fair Credit Reporting Act, you have the right to ask the Credit Reporting Agency (CRA) who at the courthouse or company verified this information.. These people are usually required to identify themselves and profit a contact phone number. Under the law, you are allowed to have this information..

    Source(s): Consumer advocate..
  • Anonymous
    1 decade ago

    Isn't this what would be expected when one files BK? That is why people say think long and hard BEFORE filing. Just curious but why should his credit history not be properly reported like everyone Else's?

    Be advised that if you start a blanket dispute in hopes some will just disappear and you use those forms letters quoting the FCRA and threats of lawsuits the recipient will simply make sure it gets put on the bottom of the deck in there in box.

    Even if you do get some removals they often just show right back up the next REPORTING cycle.

  • 1 decade ago

    There is no way to remove legitimate derogatory items. You can send whatever dispute letter you want to who ever you want, but these items will remain on the credit file.

    Was the Chapter 13 bankruptcy discharged or dismissed? If it was dismissed, all those creditors should be hounding you over all that debt. That would explain all the 2008 inquiries.

    The actual bankruptcy notation stays for 10 years. But the individual defaulted accounts age off 7-1/2 years from the date of first deficiency. The indicated removal dates look about right.

    As to the actual bankruptcy, public records is where those items come from. You would have to have some kind of official court document showing the dismissal to get that changed and it might just add "dismissed" and not actually remove the bankruptcy notation.

  • Anonymous
    4 years ago

    It is illegal to lie to the bankruptcy court in any form, of course. But, technically you can be discharged of debt that you don't owe at the time of the bankruptcy. For example, if I get into a car accident today and I think it's my fault, I can file for bankruptcy that very day and declare a potential judgement resulting from this accident as debt. Note that I havne't been sued, there is no judgement agianst me. But neverthless this can be discharged in bankruptcy. Of course, you situation is different

  • How do you think about the answers? You can sign in to vote the answer.
  • 1 decade ago

    If you filed a bankruptcy, it will stay on your credit report for 10 years even if it was dismissed.

  • CatDad
    Lv 7
    1 decade ago

    Everything looks in order.....Debts that were discharged in a BK filing can stay for up to ten years.

    Per your update, I would not waste time with the validation trick....Honestly, five years out of BK...the main damage to your credit should be over by now....If you still have bad credit...there could be other factors causing this like recent defaults.

  • Pengy
    Lv 7
    1 decade ago

    Sorry BK and all its filings stay on for 10 years and cannot be removed prior

  • Reaper
    Lv 5
    1 decade ago

    Theres no way . You filed bankrupcy that means you've already verified that the debt is yours . There's no way around it.

Still have questions? Get your answers by asking now.