Jump to content

Please consider disabling your adblocker for CreditBoards if you have not already done so.  This site depends on advertising revenue to stay online.


HOW I GOT MY BANKRUPTCY DELETED

Recommended Posts

The Title Company's not only run a check against the property they also run a public search on the buyers.

The Bank wants to make sure the buyer will not have liens placed on a property they have interest in.

Share this post


Link to post
Share on other sites

I would like some advice on my situation. I am post BK7 about 7 years this upcoming Feb. Using information on this thread I was able to delete the BK on equifax after two rounds. Two rounds of disputes with transunion came back verified.

 

What is the best course of action that i can do next? I tried disputing the BK as not mine initially and then someone having similar name the second time. I am not certain if my ARS report was frozen as they did not send me a letter confirming such. Can I use the EQ delete in anyway with TU or do they not care what other bureaus do. I would like a clean TU report to refinance my student loans.

 

Any advice would be appreciated.

Share this post


Link to post
Share on other sites

I had a dismissed 13 removed from Eq. Tran and Ex did not bulge, now its time to start hitting them with letters. How can you have a discharged 7 removed?

Share this post


Link to post
Share on other sites

I would like some advice on my situation. I am post BK7 about 7 years this upcoming Feb. Using information on this thread I was able to delete the BK on equifax after two rounds. Two rounds of disputes with transunion came back verified.

 

What is the best course of action that i can do next? I tried disputing the BK as not mine initially and then someone having similar name the second time. I am not certain if my ARS report was frozen as they did not send me a letter confirming such. Can I use the EQ delete in anyway with TU or do they not care what other bureaus do. I would like a clean TU report to refinance my student loans.

 

Any advice would be appreciated.

Did you freeze and opt out of lexus nexus before disputing?

Share this post


Link to post
Share on other sites

Here are the steps I took

 

1. Changed and deleted all old addresses on each bureau, besides experian

2. Froze all the ARS, Innovis, Sagestream, LN

 

So today, I check my Equifax report. The BK is still there - BUT all items that were discharged - now report as N/A. Weird.

 

TU and Experian I am not sure of the results.

 

In regards to Equifax, I have 6 negative medical accounts now. Do I dispute them each individually? Since it says N/A...it seems the BK will drop off, possibly today?

Share this post


Link to post
Share on other sites

TU deleted (updated address) But EQ BK came back verified (had to submit lease docs for new address - since I haven't used credit since medical condition).

 

How should I redispute? Send a letter in snail mail? I called LN and verified freeze wasn't effective till today - same as EQ address change.

What should I say in letter?

Share this post


Link to post
Share on other sites

 

I would like some advice on my situation. I am post BK7 about 7 years this upcoming Feb. Using information on this thread I was able to delete the BK on equifax after two rounds. Two rounds of disputes with transunion came back verified.

 

What is the best course of action that i can do next? I tried disputing the BK as not mine initially and then someone having similar name the second time. I am not certain if my ARS report was frozen as they did not send me a letter confirming such. Can I use the EQ delete in anyway with TU or do they not care what other bureaus do. I would like a clean TU report to refinance my student loans.

 

Any advice would be appreciated.

Did you freeze and opt out of lexus nexus before disputing?

Yes i did

 

 

Sent from my iPhone using Tapatalk

Share this post


Link to post
Share on other sites

Here are the steps I took

 

1. Changed and deleted all old addresses on each bureau, besides experian

2. Froze all the ARS, Innovis, Sagestream, LN

 

So today, I check my Equifax report. The BK is still there - BUT all items that were discharged - now report as N/A. Weird.

 

TU and Experian I am not sure of the results.

 

In regards to Equifax, I have 6 negative medical accounts now. Do I dispute them each individually? Since it says N/A...it seems the BK will drop off, possibly today?

 

 

I don't know these people -- ARS, Innovis, Sagestream are they like LN (LexisuNexis)?

Share this post


Link to post
Share on other sites

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 IIBed 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 individualssocial 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 Debtors social security number along with their full name and address canbe released. In order to obtain a debtorsfull 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 Experiansexecutive 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 adebtors 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 cant 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 didnt happen that night, I think it happenedseveral days later but it did get removed.

 

Sixth: I then went through and disputed all the IIBedaccounts, 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 IIBed accounts were gone. I made sure before I disputed the IIBed 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, doesnt matter. Sorry for the delay in posting this also!

 

 

 

Good Luck!

 

Brandon

 

 

 

I'm curious did this ever come back?

Share this post


Link to post
Share on other sites

 

Here are the steps I took

 

1. Changed and deleted all old addresses on each bureau, besides experian

2. Froze all the ARS, Innovis, Sagestream, LN

 

So today, I check my Equifax report. The BK is still there - BUT all items that were discharged - now report as N/A. Weird.

 

TU and Experian I am not sure of the results.

 

In regards to Equifax, I have 6 negative medical accounts now. Do I dispute them each individually? Since it says N/A...it seems the BK will drop off, possibly today?

 

 

I don't know these people -- ARS, Innovis, Sagestream are they like LN (LexisuNexis)?

 

 

Yes. There are a number of smaller data aggregators - some specialize in specific vertical markets, others are regional, etc.

Share this post


Link to post
Share on other sites

 

Called EX to dispute the BK, which has a different address than my current one. The agent actually called the BK court while I was on hold and verified with me that yes the address was different and yes the name was different (I'm a II, III, etc and didn't include that on the BK). However, he said the SS # was the same and therefore he couldn't delete the BK and the IIBs. I argued that he had to because the information didn't match blah blah blah...I got nowhere.

 

Any thoughts on this?? It was like talking to a brick wall trying to explain to the agent that they can only report accurate info so I'm doubting that will work - probably have to get a little more aggressive but I'm wondering if anyone else has had this happen

Have you checked PACER I did not think the full SS# is provided. How can they verify if they dont provide it? I have a hard time believing that they are calling the court, mine wont even talk to me about it after waiting forever to get through the digital phone tree. They just refer me to PACER. Has anyone been able to garner where EX and TU are getting the public record data?

 

It only provides the last four digits to the general public.

Share this post


Link to post
Share on other sites

 

 

 

 

Some people can get the BK removed and then can't get the IIB accounts removed.

 

Thats what i thought. A mortgage underwriter will see the IIB in bankruptcy accounts anyway and know a bankruptcy was filed within 7 or 10 years...

 

A mortgage underwriter will find the BK through public records anyway so it doesn't matter whether it is removed along with the BK accounts from the CRAs.It still has to be declared.......at the end of the day, removing the BK only really benefits someone's score and helps with some credit card applications.

 

Not true. U/W don't search public records, they look at credit reports and if your CR's don't report a BK then they're not going digging for one. Some lenders might be that risk averse but the vast majority are looking at your credit report and that's it. I buy/sell property frequently and deal w/ U/W all the time and have openly discussed this with them and on multiple occasions have been told "if it's not on your credit report then I don't care".

 

UW will find it and we have had many posts in the past in the mortgage forum related to this and people being "surprised" they found it. Also on the Mortgage application it asks if you have filed BK in the last X number of years if you did and answer no that is mortgage fraud. You found a very odd UW - and most UWs never speak to the public only the Loan Officers and Processors.

 

Simply tell them the truth - you still have the benefit of a score increase.

 

FYI - You can get FHA and USDA loans after 1 year of chapter 13 payments, or two years after a chapter 7 discharge. Some conventional loan lenders will consider you after 4 or 5 years, but may go a little earlier if extenuating circumstances (e.g. large number medical bills, prolonged hospitalization, etc.).

Share this post


Link to post
Share on other sites

 

Thank you for CB. If you follow the steps and be patient it works. I got my BK removed from TU and EQ. but EX has just updated is as verified. IDK where I got this letter from. Ihad a BK from 2011 and 2012 both dismissed; I did follow all of WHYCHAT's steps........

 

Re: Dispute Request

 

To Whom It May Concern :

 

I am disturbed that you continue to list the dismissed bankruptcy as confirmed within my credit file. Although it is your policy to keep reporting bankruptcies that are filed, dismissed or adjudicated for ten years, the Fair credit Reporting Act mentions nothing in Section 1681c relating to bankruptcy about dismissals or filings. The law clearly states from "date of adjudication" or date of "order of relief".

 

Any case, civil or otherwise, which is dismissed no longer exists in the eye of the law and a case filed may never have actually been adjudicated. Therefore, you have no right to maintain information which the government has deemed nonexistent.

 

Therefore, pursuant to Section 1681(a)(5) of the FCRA, you must delete this information from my credit report and send me an updated copy when this action is completed.

 

Considering that this does not require an investigation, In advance I would appreciate your response within 14 calendar days from receipt of this letter.

 

Sincerely,

 

Any suggestions on how I can get this removed from EX?!!!!! they are driving me nuts.

S BKPT CT TX HOUSTO 08/2012 $0 Dismissed BankruptcyChapter13 US BKPT CT TX HOUSTO 03/2011 $0 Dismissed BankruptcyChapter13 HARRIS CO CLERK-HOUS 01/2010 $6,477 Released on

09/03/2014 TaxLienFederal

 

 

I wish you well, but your argument and central premise are wrong. The filing of a bankruptcy petition constitutes an order for relief, triggering the automatic stay. See 11 U.S.C. 301( b ) ("The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter."); 11 U.S.C. 362.

Edited by creditrepair17

Share this post


Link to post
Share on other sites

 

 

Called EX to dispute the BK, which has a different address than my current one. The agent actually called the BK court while I was on hold and verified with me that yes the address was different and yes the name was different (I'm a II, III, etc and didn't include that on the BK). However, he said the SS # was the same and therefore he couldn't delete the BK and the IIBs. I argued that he had to because the information didn't match blah blah blah...I got nowhere.

 

Any thoughts on this?? It was like talking to a brick wall trying to explain to the agent that they can only report accurate info so I'm doubting that will work - probably have to get a little more aggressive but I'm wondering if anyone else has had this happen

Have you checked PACER I did not think the full SS# is provided. How can they verify if they dont provide it? I have a hard time believing that they are calling the court, mine wont even talk to me about it after waiting forever to get through the digital phone tree. They just refer me to PACER. Has anyone been able to garner where EX and TU are getting the public record data?

It only provides the last four digits to the general public.

It's the same even if it's your case and you login to pacer yourself.

 

 

Sent from my iPad using Tapatalk

Share this post


Link to post
Share on other sites

What if i only have one address listed on my report? Can i still go through this process and dispute it as somebody elses?

Share this post


Link to post
Share on other sites

What if i only have one address listed on my report? Can i still go through this process and dispute it as somebody elses?

If you have had only one address since the dawn of time and that is the address that your BK is tied to then this won't work. You have to have a new address so you can then turn around and claim that the address doesn't belong to you and have it removed. If you have no plans in moving then perhaps you could find a way to get a new address such as using your parents address or get a mailbox from the UPS store.......not sure that would fly with your creditors as I have never tried that but it's idea I guess to your dilemma.

Share this post


Link to post
Share on other sites

Just an FYI, if it hasn't been stated here already, all 3 Credit Agencies referenced Lexus Nexus as their source for the BK verification.

Share this post


Link to post
Share on other sites

I froze LexisNexis and both Equifax and Experian still pulled copies of my LN report (I got copies of my LN report and can see their inquiry dates). They are both reporting my filing date as a different date from the date I filed, and I have shown them the PACER reports showing that nobody with my name filed on the dates in question, and they still state that based on the LexisNexis reports that they have verified that this reporting is accurate, and they are still reporting the incorrect dates. I'm sitting at 9 years 3 months right now so there's not too much benefit in continuing to fight this - but are there any other suggestions?

 

I haven't provided the evidence as to the correct dates (obviously) - but my letters state that the US Bankruptcy Court has no filings for anyone in my name on that date, and please correct or remove. Neither one has bothered to do either.

 

I think TU removed it after 7 years because it hasn't been reporting there in forever.

Share this post


Link to post
Share on other sites

LN has different sections so you have to make sure they do a full freeze & go ahead and dispute with LN while you are at it.

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.





  • Member Statistics

    • Total Members
      179,460
    • Most Online
      2,046

    Newest Member
    tonebone83
    Joined

About Us

Since 2003, creditboards.com has helped thousands of people repair their credit, force abusive collection agents to follow the law, ensure proper reporting by credit reporting agencies, and provided financial education to help avoid the pitfalls that can lead to negative tradelines.
×
×
  • Create New...

Important Information

Guidelines