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Everything posted by fedtrouble

  1. FYI. Pacer has something called "case index search". This search allows a registered individual to search all 94 federal district courts, bankruptcy courts and appellate courts. When you login one of the options now is "find bankruptcy by ssn/ein". This option allows anyone to search for your case with your full social security number. Remember the clerk puts your full social in their backend. Keep this in mind as you fight your battle! Good luck
  2. So I took the SO to a local credit union today to open a checking/savings account. I pulled his credit yesterday, and all he had across all three bureaus was one SL which is in deferment. So I told him to apply for anything the offer him. They told me when I app'ed that 590 for OD LOC, 620 for LOC and 640 for CC. Well with one pull from EQ and a 697, he was approved for $500 for all three. His income is only $8000K a year at the moment, but its a start!
  3. Your state law claims can be heard in federal court along with your federal claims. Summary judgment can be a real pain in federal court, but I've found that a federal judge plays by the rules. Good luck.
  4. I recently cleaned by EX .. there is nothing on there but a secured loan from 2010, with good payment history. I was wondering if anyone knows a good starter card that pulls EX only?
  5. I actually did this before I got a mortgage with Fifth Third Bank, there was no BK on my report, and they never mentioned it in any process of my mortgage application. It was FHA. FYI.. hmmm how many years from the discharge date at the time you applied. FHA allows you to purchase or refinance quicker out of a bk then a conventional loan. Every bank requires a bk search from every title company I was discharged in September of 2008, and I was approved for my FHA in Sept/October of 2010. Closed in November, 2010.
  6. I actually did this before I got a mortgage with Fifth Third Bank, there was no BK on my report, and they never mentioned it in any process of my mortgage application. It was FHA. FYI..
  7. So true, in fact, in some instances when you access BK records through pacer and you are looking at old BK records, pre 2005 you can find some that list this information undedacted still. :-( Uggh.. Not so good!
  8. In November 2011 I was approved at the register for $200.. and several days later I received notice that they approved me for $1000.
  9. I wonder if sealing your record after the filing helped. Most did not/cannot do that so might not work as well, but great job! Under the Federal Rules of Bankruptcy Procedure 9037© you can file all documents with the Court under seal. But the Court can later require that you file redacted copies of all pleadings and petitions for the general public. You however at any time can file a motion to seal the entire case, though the motion does not have to be granted. There are two ways to do this, (1) to reopen the bankrupcty case and file a motion to seal or (2) file a motion to seal. Remember when filing these motions you should show logically reasoning and case law to why it is appropriate. I think it would make it quite intresting in your letter from the court if you are specific about a case and they reply and say well it that case is sealed. Then HOW can someone even verify it in the first place?
  10. From the wording of the letter it looks as if they will be deleting the TL from your credit report.
  11. +1,000 I wrote Chris.Callero@experian.com and he forwarded it to the special handling department. I haven't had anyone ask since I've deleted it if I've had one or anything like that, but I do agree I wouldn't lie about it. I took this on as a challenge simply because I don't think that there is adequate information obtained by these third party data collectors to truly verify the information that they provide. And I'm one to always look for the "odd" things or "loop holes" in a challenging situation. And the post above are correct, you can quickly get yourself back into the prime area with good payment history and time. But I tend not to be patient and I wanted an AMEX a mortgage and better interest rates!
  12. Yes the information does stay in your file. Though I will say, I have not had it pop back up in the two years since I have gotten it deleted. I did not include any personal information in the letter I wrote to the court, because I specifically did not want to cross any lines. I did however have an IIB'ed account pop back up, but I simply disputed it back off my TU. I was not worried about any fraud alert, I would much rather call / have someone call me to verify it is me that is applying for credit. However, after reading the board and finding out more information from a friend of mine who is a clerk in the Bankruptcy Court, the third party data collector simply obtains the caption sheet for the bankruptcy petition, and eventually the order of discharge. None of these documents nor any document which the public can access has your full social security number on it. That is the basis for my argument. I also have a really unique situation. When I was in high school there was a guy with the same name and same date of birth as me, exactly. So I have always used this to my advantage, only different is he is not the same race as me. Each persons situation and comfort level is different when dealing with these issues, and this is just a general guide on how I was successful.
  13. I would go through the steps with the letter from the Court and getting the addresses removed. Once you do that, I would go through it again. Speaking from experience I've disputed specific items attempting a jack attack on something, and they verified it, then went back and disputed it as not mine and it was removed. I think as long as there is some time between the two disputes you are safe. Though I would love to hear what others have to say on that matter.
  14. HeyGuys/Gals, Because somany people have requested information on how to remove their bankruptcy Idecided to start a thread so it was easy and accessible. MySituation: 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: “Dear Clerk, 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. Sincerely, Robert Smith” The reply letterfrom the Clerk stated: “Mr. Smith, 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. Sincerely, 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: “Dear XXXX, 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. Sincerely, Robert Smith” 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! Good Luck! Brandon
  15. I wrote a DV letter to a CA trying to collect on some medical debt for a friend of mine. They sent copies of some statements, but told her that she would have to contact the hospital to obtain more information. Is this proper validation? Thanks, brandon
  16. I thought I would tell you that I cleaned off my old addresses very easily, then disputed the bankruptcy, and then disputed the IIB accounts. They all fell off pretty easy. There is a method to clean off a bankruptcy, because under federal law only the last four digits of a individuals social security number can be published in any type of case. (Bankruptcy, Criminal or Civil). I took my reports in August of 2010 and had them sparkling by November. BK free and IIB accounts free. The CRAs don't use LN to verify IIB accounts they talk to the original creditors. :-) If you need ideas on disputing BK pm me. Good luck.
  17. Better safe to wait! I've had some good success with other peoples credit reports lately to remove addresses.. Equifax seems to be the easiest to get them removed from
  18. I would send them the BK information.. it should fall right away..
  19. I think I used the wording that is posted above. I know that it did work which ever way I did it!
  20. I know this sounds quirky.. but do they offer secured cards? Two of my local CUs do not offer secured cards but they offer secured loans.. I'm in the process of getting some secured cards and loans from them. :-)
  21. Thank you.. I now need to find an executive information to contact them.
  22. I believe the SOL for repo in NC is 3 years..
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