i started a new thread instead of answering all the individual ones. A lawyer friend of mine said the success ratio of this technique is about 50% for removing the actual public record for bk's. i don't have one, so i have never tried this. first, you send out the regular dispute, by CRRR. When you recieve the green card, you call the county courthouse where you filed bk, and ask for copies of the bk papers. But you do not pick them up. Just let them sit. Result: it is more difficult for the courthouse to verify with the CRA's because the file is pulled from it's "usual" location, waiting for you to pick them up. If it doesn't work, wait a month, and try again. Clarification: i have never tried this so i don't know how well it works, but it seems rather easy and makes sense. Has anyone else ever tried this? Any opinions? humblemarc
That would probably not work because if they pulled the file they would only copy it for you and then return the original to it's location. I am sure they have tons of filing clerks on hand that makes sure everything is in its rightful place before they close up for the night. I could be wrong but it seems a bit far fetched.
With more and more BK courts moving to electronic filing - I'm not sure if this will work anymore. The old reasoning is that if the file were "out" they couldn't verify. I don't think FCRA would preclude the use of "certified" or facsimilie copies.
Additionally, most bankruptcies go into archives after a year or two and in order to get them, you have to call a number and order it and they will give you an address to where you will send payment for a copy of the bk records. Too bad...I *really* would like to somehow make hubby's bk disappear. L
marc, That used to be an old trick of the attorneys, back in the day when bankruptcy was only on paper and filed in a courthouse in somewhere, usa. It's always a public record but not really accessible unless you were willing to visit the court, and sometimes that can be quite a travel. The Federal Goverment now maintains an online database that includes bankruptcy filings for most states compliments of the Freedom of Information Act -- membership is free and available to all, .07 cents a page. Sassy
Does this depend on how old the BK is? I filed a BK7 in 93. (Before all the electronic stuff). I disputed my BK which came back verified, but when I disputed DHs weeks later, they could not verify HIS (same one) so HIS was deleted! Go figure!
You know, SCMomof5, I believe it does make a difference. I'm not sure of all the states but when I was looking myself up it seems like they only had from 1999 or was it 1998 online. The state specific site had no record of me; however, the federal site did. It's worth a try, it's sure a lot harder to verify if the information isn't available online. If you dispute and they verify, request the specific procedure used for verification and find out what they use. Sassy
www.google.com Put the name of your state and bankruptcy court in the search space (i.e., arizona bankruptcy court) -- click on the pacer link. Sassy
