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HOW I GOT MY BANKRUPTCY DELETED

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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

 

 

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AWESOME!

 

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

 

 

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If I have previously disputed my bankruptcy saying that something on it was incorrect and please verify the information and it came back verified, would me now saying that the bankruptcy belongs to someone else prevent this from working?

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If I have previously disputed my bankruptcy saying that something on it was incorrect and please verify the information and it came back verified, would me now saying that the bankruptcy belongs to someone else prevent this from working?

 

 

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.

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If I have previously disputed my bankruptcy saying that something on it was incorrect and please verify the information and it came back verified, would me now saying that the bankruptcy belongs to someone else prevent this from working?

 

 

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.

 

Just so you are aware, nothing is ever really deleted from a "file". You can dispute something and have it deleted from the report, but it is still in your file. So this nonsense "someone else with similar info" is very likely to come back and bite you. Don't be surprised if it all shows back up.

 

When something IS yours, the worst thing to do, IMO, is to dispute it as "not mine". Find something wrong with the reporting and dispute that. Saying not mine is usually deleted because the reporter didn't respond. But if they respond later, it will likely be re-reported. Plus, they can verify it is your account. Reporting errors may take time for the reporter to figure out and it likely isn't worth the effort to them. To just verify if someone has/had an account, should take them about 3 seconds.

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I'm afraid to do it, I don't want a fraud alert... lol.

 

I don't know that you'll get a fraud alert, but you may not get the results you want when you dispute as "someone else with similar info".

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Aside from what you mentioned about it potentially coming back and I'm guessing it could cause some tradelines to get removed which might hurt my AAOA... is there anything else?

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This isn't the same as disputing an unpaid judgment. A judgment that hasn't been paid is out there waiting for you - in many states they do not need to notify you that they are taking your money out of the bank or garnishing your wages. Nothing like that happens because you disputed a discharged bk.

 

You still can't lie about having a bk. The record is still there, so if the question comes up in some kind of application for a job or insurance or something, you have to be honest about it.

 

Am I making sense?

 

I agree that it's better if you can find something else wrong about it - not mine is iffy, but again it's just like any other disputed item that could turn up again, it doesn't overlook serious consequences like an unpaid judgment would.

 

Be careful not to sign any kind of actual formal statement to the court that isn't true. There are lines you can't cross when you are dealing with the courts.

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Yup.

 

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.

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I just didn't want people to think this is exactly the same thing as the problems we had with the unpaid judgments. :) There is a difference.

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Was on the phone with experian today. Kind of freaky getting transferred to the special services division..... the reps in that department are not as friendly as the other reps. I think I navigated through the questions well but we'll see. If this doesn't work then I think I'll give it a rest for a couple months. Work on goodwill letters and increasing limits on secured cards before I tackle disputes again.

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This is one of those mythical achievements that very few accomplish. Even when you manage to get these things deleted, they are liable to come right back, because you have to disclose the bk, and any judgments, if the question is asked. As soon as you do, bingo - there it is again. If you do not disclose, any contract (like a mortgage or some kind of professional appointment) is void, and you will get blacklisted for it.

 

The other thing is, you can recover from a bk very quickly, even with it still on your reports. There will be some things you can't get, but generally speaking, you can get most cards, car loans, mortgages, etc, and if you keep your reports clean after the bk, and establish a good payment history, you will soon be in prime territory.

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With thisinformation in hand I decided I was going to write TransUnion and Experian’sexecutive office staff,

 

can I have the address? thanks

 

oh, did you send flowers too?

Edited by hegemony

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You still can't lie about having a bk. The record is still there, so if the question comes up in some kind of application for a job or insurance or something, you have to be honest about it.

 

+1,000

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You still can't lie about having a bk. The record is still there, so if the question comes up in some kind of application for a job or insurance or something, you have to be honest about it.

 

+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!

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so I had to file a motion to seal all documents which I filed with the court.

 

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!

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so I had to file a motion to seal all documents which I filed with the court.

 

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?

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