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BK Dispute Help/Clarification

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The only negative mark on my reports is a BK7 from 2011. I am trying to get it removed, as that would help with some business financing. It would also be nice to be approved for some of Chase's CC products.

 

I decided to dispute with EQ first and see what happens. This is the file that gets pulled the least for me. So if I ended up stuck with the BK record for the full 10 years, this report would cause the least amount of problems.

 

I froze all necessary files (the big 4 CRAs, LN, ARS, and SageStream) and received written confirmation from each before filing the initial dispute with EQ.

 

I challenged the BK on the grounds that the information is incorrect, which it is. The filing and disposition dates are incorrect, but not by much.

The dispute came back verified. So I moved on to MOV.

 

I recently got the results back from the MOV request, and the wording is a bit confusing.

 

Here is the response with my personal and the court info redacted (all bolding & capitalization by EQ):

 

Quote

>>> We have reviewed your concerns and our conclusions are:

Please be advised that discharged chapter 7 bankruptcy remains on credit file 10 years from the date filed.

 

Public Record Information

 

This section includes public record items Equifax obtained from local, state and federal courts through a third party vendor, LexisNexis

 

LexisNexis Consumer Center

P.O. Box 105615

Atlanta, GA 30348-5108

 

https://equifaxconsumers.lexisnexis.com

 

>>> The information you disputed has been received. Case or ID # - XXXXXXXX The results are: We have verified that this public record item is reporting correctly. THE FOLLOWING FIELDS HAVE BEEN MODIFIED: *ADDITIONAL INFORMATION. If you have additional questions about this item please contact: [Name, address & phone number of BK court]

 

US Bankruptcy Court- [Name, address & phone number of BK court]

 

[BK Case Information]

 

ADDITIONAL INFORMATION: Consumer Disputes - Reinvestigation in Process


So a couple questions:

Since LN is frozen they couldn't have verified with them, so did EQ just decide to not verify this while claiming they did?

If the results are that the BK is reporting correctly, why does the additional information section say that a reinvestigation is in process? This seems to be contradictory. Is EQ currently reinvestigating, or is it "verified" and they are closing the dispute? It can't be both.

 

This response doesn't seem to comply with my MOV letter since they couldn't have verified with LN, and there is nothing stating that EQ verified with the BK court.

 

What is my next move? If I can't get it deleted now I can try for early exclusion in about 7-8 months, but it would be very beneficial if I can get it removed now.

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Did you remove the address attached to the BK? That is the first step. If you didn't, you're stuck for good now. 

 

Did you both opt out and freeze LN? Freezing does almost nothing. Opting out is what prevents them from verifying. However the CRAs have other methods. 

 

But normally if you opt out of LN and remove the address associated with the BK, EQ will delete. 

Edited by shifter

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9 minutes ago, shifter said:

Did you remove the address attached to the BK? That is the first step. If you didn't, you're stuck for good now. 

Unfortunately I cannot. Or at the very least it would be more of a hassle than waiting out the 10 years.

I kept my house in the BK. State law allows a homesteaded residence to be kept as long as it is not worth an outrageous amount and the mortgage is current (or paid off). I signed a reaffirmation agreement for the mortgage.

I also run two businesses that are based out of my house. Changing the address associated with everything business related would be a nightmare.

So I am stuck with the address from the BK.

But EQ is clearly not verifying properly as required by law. And as I stated, there are inaccuracies in the dates reported.

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2 hours ago, centex said:

If Chase was one of the entities you burned, be forewarned that they tend to remember long after things are off of a report. 

I only burned BofA and BMW Financial. 

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1 hour ago, DPB said:

I only burned BofA and BMW Financial. 

Don't be surprised if BofA holds it against you...I even had identity-theft losses held against me when they kept all the MBNA people during the merger of card operations...even today, more than fifteen years after the discover of the losses, their phone staff CONTINUE to cite that as the reason to deny line increases. 

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16 hours ago, shifter said:

Did you remove the address attached to the BK? That is the first step. If you didn't, you're stuck for good now. 

 

Did you both opt out and freeze LN? Freezing does almost nothing. Opting out is what prevents them from verifying. However the CRAs have other methods. 

 

But normally if you opt out of LN and remove the address associated with the BK, EQ will delete. 

That's what I thought. I still live at the address where I've had the BK, so I knew for a fact that I couldn't get the BKs off for now. EX was giving me a hard time with removing a previous address through the phone. I still wanted to work on any derogatory IIB accounts though, but if they're just gonna come back as verified, might as well save that part for later. 

 

I froze LN, but didn't know about the opt out part. Hmmmm. 

 

Glad I read this thread. 

Edited by greenpotatochips

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23 hours ago, DPB said:

But EQ is clearly not verifying properly as required by law. And as I stated, there are inaccuracies in the dates reported.

The dates are trivial and meaningless. They only store the month so it always shows the first of the month. 

 

As far as verifying you didn't answer if you opted out LN as well as froze? If you didn't, that's how they verified. 

 

As far as the address, for others who might read this later, I still live at the same place also. Doesn't mean you can't have it removed. All you need is a PO Box of some kind and then update your address with your active credit card accounts. Reaffirming the mortgage may present more of a problem than others, but still shouldn't be a deal breaker. Then call or dispute online and EQ will remove it no problem. But it's too late for you now. 

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6 hours ago, greenpotatochips said:

That's what I thought. I still live at the address where I've had the BK, so I knew for a fact that I couldn't get the BKs off for now. EX was giving me a hard time with removing a previous address through the phone. I still wanted to work on any derogatory IIB accounts though, but if they're just gonna come back as verified, might as well save that part for later. 

 

I froze LN, but didn't know about the opt out part. Hmmmm. 

 

Glad I read this thread. 

The two IIB accounts are long gone from my reports. All I have is the BK. I’ve read that some people have been successful having it removed even with the BK address still reporting. But it’s mostly old stuff from before the CFPB was neutered. I figured it was worth a try. And you’ll need to freeze more than just LN and the big 4. I listed the others in my original post. 

8 hours ago, centex said:

Don't be surprised if BofA holds it against you...I even had identity-theft losses held against me when they kept all the MBNA people during the merger of card operations...even today, more than fifteen years after the discover of the losses, their phone staff CONTINUE to cite that as the reason to deny line increases. 

BofA didn’t blacklist me. I have a personal card with a $13.5k limit. As I said, I’d like a Chase card, but my focus is the business financing. 
 

 

I still don’t understand the status of my MOV request. The response from EQ says that is both verified and being reinvestigated. So I’m just not sure how to proceed. 

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10 minutes ago, shifter said:

The dates are trivial and meaningless. They only store the month so it always shows the first of the month. 

 

As far as verifying you didn't answer if you opted out LN as well as froze? If you didn't, that's how they verified. 

 

As far as the address, for others who might read this later, I still live at the same place also. Doesn't mean you can't have it removed. All you need is a PO Box of some kind and then update your address with your active credit card accounts. Reaffirming the mortgage may present more of a problem than others, but still shouldn't be a deal breaker. Then call or dispute online and EQ will remove it no problem. But it's too late for you now. 

I opted-out and froze LN. So either LN violated the opt-out and freeze or EQ didn’t actually verify.

The reported dates are off by a month. 
 

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48 minutes ago, DPB said:

I opted-out and froze LN. So either LN violated the opt-out and freeze or EQ didn’t actually verify.

The reported dates are off by a month. 
 

Yeah. I have Innovis, ARS, and CoreLogic frozen as well as with LN. I haven't sent any letters myself, and good point about the major bureaus as well for freezes (EQ, TU, and EX). I was able to find the form online to opt out of LN as well today. 

 

Sagestream I faxed a request to have that frozen as well, haven't gotten anything in the mail yet and when i've called them, their lines were always busy.

 

Glad that it might still be worth a try to go forward with the letters if people here have had success disputing and getting these off despite having the address on there, since I'm not moving yet. But at the same time, I didn't wanna risk having the BK and derogs permanently fused to my reports. It's a good thing the CRAs never got the dispute letters this company I was using at first sent. Haha. I was still worried about Experian not removing my old address, but that's not where the BK was tied to. 

Edited by greenpotatochips

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17 minutes ago, greenpotatochips said:

Sagestream I faxed a request to have that frozen as well, haven't gotten anything in the mail yet and when i've called them, their lines were always busy.

I mailed them a single request asking for a security freeze and a copy of my file. It took about a month, but they sent my file and confirmation of the freeze. I’m not sure I’d trust fax. USPS priority mail with tracking shows that it was received by them. 

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2 hours ago, greenpotatochips said:

Glad that it might still be worth a try to go forward with the letters if people here have had success disputing and getting these off despite having the address on there, since I'm not moving yet.

I wouldn't recommend it. Those reports are old and many more people have failed trying. This is one of those things you only get one chance at. Once they verify, they will never reinvestigate. You don't have to move to get your address removed. Read my other post. 

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6 hours ago, shifter said:

I wouldn't recommend it. Those reports are old and many more people have failed trying. This is one of those things you only get one chance at. Once they verify, they will never reinvestigate. You don't have to move to get your address removed. Read my other post. 

I went back and saw that. Good tip on the PO Box. That's why a lot of the steps here may seem straightforward, but there's a bit more to it than people would suggest. Not only found some in my area, but a company that also offers a private mailbox service where I can get another physical street address too. Will that also possibly work? 

 

Then, as you said, I'll go back, update all my current CC accounts with this new information and go from there. I really wanted to dispute in writing this time for the addresses instead of calling them, though at least TU didn't put up such a fight when I went that route. 

 

With LN, I was gonna call them up again today and double check to see if they received my opt out request or not. 

Edited by greenpotatochips

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I'm not sure if this will work for you but I disputed Lexisnexis and it got deleted. Experian deleted it after that. Equifax deleted it last week and reinserted it so I'm now waiting to see if they send me the letter notifying me about it otherwise I'm disputing it again. I'm fighting TU but they are not budging...yet

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56 minutes ago, cherylb18 said:

I'm not sure if this will work for you but I disputed Lexisnexis and it got deleted. Experian deleted it after that. Equifax deleted it last week and reinserted it so I'm now waiting to see if they send me the letter notifying me about it otherwise I'm disputing it again. I'm fighting TU but they are not budging...yet

Do you have the confirmation snail mail from Equifax where they state the item was deleted?

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7 hours ago, greenpotatochips said:

With LN, I was gonna call them up again today and double check to see if they received my opt out request or not. 

If you didn't get a confirmation letter, it didn't happen. Remember opting out they consider a privilege, so you have to show proof of validity to the request, such as identity theft. 

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4 hours ago, MarvBear said:

Do you have the confirmation snail mail from Equifax where they state the item was deleted?

yes, from the online report and the reply by mail that they sent on the 24th. 

Edited by cherylb18

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yes, from the online report and the reply by mail that they sent on the 24th. 
Use the FCRA and reinsertion statutes to your advantage then.

Sent from my SM-N950U using Tapatalk

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On 10/1/2019 at 1:56 PM, cherylb18 said:

I'm not sure if this will work for you but I disputed Lexisnexis and it got deleted. Experian deleted it after that. Equifax deleted it last week and reinserted it so I'm now waiting to see if they send me the letter notifying me about it otherwise I'm disputing it again. I'm fighting TU but they are not budging...yet

What reason did you use in your dispute to LN?

Since EX deleted for you, I’m definitely interested in giving this a try. EX is by far my most pulled file. 

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On 10/4/2019 at 2:43 AM, DPB said:

What reason did you use in your dispute to LN?

Since EX deleted for you, I’m definitely interested in giving this a try. EX is by far my most pulled file. 

I just said "unverified". I disputed 1 judgement, 2 evictions, and the bk so I just said "I would like to dispute this". 30 days later, they deleted the judgement and the evictions but verified the bk. I sent the MOV and 30 days after that they deleted it. 

Keep in mind that I was already disputing the 3 bureaus while getting LN to delete. When they did I sent a 4th letter to Experian and 3 days later it was deleted. EQ deleted it and reinserted (explained that above). TU is the only one that is not budging (pending my last dispute from 9/3/19)

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2 hours ago, cherylb18 said:

I just said "unverified". I disputed 1 judgement, 2 evictions, and the bk so I just said "I would like to dispute this". 30 days later, they deleted the judgement and the evictions but verified the bk. I sent the MOV and 30 days after that they deleted it. 

Keep in mind that I was already disputing the 3 bureaus while getting LN to delete. When they did I sent a 4th letter to Experian and 3 days later it was deleted. EQ deleted it and reinserted (explained that above). TU is the only one that is not budging (pending my last dispute from 9/3/19)

Thanks for the info. I’ll dispute with LN. If I can get them to delete the BK, challenging it with EX and TU should theoretically work since they verify with LN

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4 hours ago, cherylb18 said:

I just said "unverified". I disputed 1 judgement, 2 evictions, and the bk so I just said "I would like to dispute this". 30 days later, they deleted the judgement and the evictions but verified the bk. I sent the MOV and 30 days after that they deleted it. 

Keep in mind that I was already disputing the 3 bureaus while getting LN to delete. When they did I sent a 4th letter to Experian and 3 days later it was deleted. EQ deleted it and reinserted (explained that above). TU is the only one that is not budging (pending my last dispute from 9/3/19)


Did you dispute LN online or by mail?

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4 hours ago, DPB said:

challenging it with EX and TU should theoretically work since they verify with LN

Don't be so sure. I had both verify on me using PACER since LN was locked down. 

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