Because somany people have requested information on how to remove their bankruptcy Idecided to start a thread so it was easy and accessible.
I filedChapter 7 Bankruptcy in May of 2008, I was discharged September 2008. I am originally from North Carolina. I filed bankruptcy in the Eastern District ofVirginia. The address associated with myBankruptcy was a P.O. Box. I started mycredit repair journey by reading all the newbie threads on this site in July of2010, after I got a horrible interest rate on a car loan.
First: I opted out.
Second: I went through all of the bureaus and starteddisputing off my old addresses. I madesure the Bureaus all had my current address. At the same time, I wrote and notified all of my previous creditors andcurrent creditors that my address had changed to my new address.
Third: After the address associated with thebankruptcy was deleted, I simply disputed the public record as “someone withsimilar name.” Note the vast majority ofmy credit report was IIB’ed accounts. Equifaxsimply deleted the bankruptcy. TransUnion and Experian did not.
Pursuant toRule 1005 of the Federal Rules of Bankruptcy Procedure, all documents filedwith the court are to contain only the last four digits of the individual’ssocial security number or tax identification number. I filed my bankruptcy Pro Se, and in doing soI filed my bankruptcy before I read the Rules so I had to file a motion to sealall documents which I filed with the court. Under the Federal Rules of Bankruptcy Procedure a debtors full social securitynumber is filed with the original petition, and filed under seal. Meaning the only information released tothird parties who are not involved directly with your case is: (1) Your FullName; (2) The Last Four Digits of Your Social Security Number and (3) YourAddress.
Fourth: I wrote the Clerk of Court for the UnitedStates Bankruptcy Court, Eastern District of Virginia. This is what I wrote:
My name is Robert Smith, and I amwriting you because an entry appears of my credit report which states that Ifiled bankruptcy in your district. Couldyou please explain to me how this might occur? From my understanding only the last four digits of an debtors socialsecurity number are released to third parties, pursuant to the Federal Rules ofBankruptcy Procedure. Any information you can provide me would be appreciated.
The reply letterfrom the Clerk stated:
The United States Bankruptcy Courtfor the Eastern District of Virginia does not provide any information to anycredit bureaus, all information they obtain is via third party. You are correct that pursuant both to FederalStatute and the Federal Rules of Bankruptcy Procedure only the last four digitsof a Debtor’s social security number along with their full name and address canbe released. In order to obtain a debtor’sfull social security number, a third party must file a motion with the court tounseal documents related to a case. Thiswould be very unusual and does not happen on a regular basis. I hope this letter is helpful in your matter.
Clerk of Court”
Fifth: With thisinformation in hand I decided I was going to write TransUnion and Experian’sexecutive office staff, because I no longer had the address associated with theBankruptcy on my report. So I typed upand email and sent it off. I wrote ChrisCallero at Experian and another Executive at TransUnion and this is what Isaid:
My name is Robert Smith and Iam writing you about an entry listed on my credit report which I have tried tohave removed. Apparently someone with asimilar name to mine filed bankruptcy in the Eastern District of Virginia, andit appeared on my credit report. Throughyour dispute system I recently filed a dispute stating that someone with asimilar name had filed this public record and it was not mine. Unfortunately it came back verified and it isstill listed on my credit report. Frustrated I decided to contacted theBankruptcy Court and they informed me that they do not provide anyone with adebtor’s full social security number, and they do not provide any credit bureauany information relating to any bankruptcy cases. As you well know it is a violation of theFair Credit Reporting Act to report erroneous information on a creditreport. I ask that you remove it immediately.
Well I receivedprompt replies from both Experian and TransUnion. I spoke with Anna at Experian and explainedthe situation, and asked her how this bankruptcy was verified. This questioned seemed to stump her, but shehad already informed me that the bankruptcy was deleted by her while we were onthe phone. TransUnion, I spoke with alady, whom I can’t recall and I gave her the same speech, and she told me thatshe again placed it under investigation with the note to delete it. It didn’t happen that night, I think it happenedseveral days later but it did get removed.
Sixth: I then went through and disputed all the IIB’edaccounts, explaining in my dispute letters that the there was no bankruptcy andit had been deleted and these accounts needed to be deleted too. Several weeks later I received my disputesback and all of the IIB’ed accounts were gone. I made sure before I disputed the IIB’ed accounts off that all the oldaddresses were removed. I will say thatduring the phone call with Experian the lady manually removed several addressesfor me.
I know eachand every situation is different, I hope this guide helps those who would liketo remove their bankruptcy. And yes, I saw quite a nice jump across the board on all of my reports once it was deleted along with all of the IIB'ed accounts. If you haveany questions feel free to PM. If I canhelp I will, any applicable federal statue or rule, doesn’t matter. Sorry for the delay in posting this also!