Discussion in 'Credit Talk' started by Ms. Cinder, Aug 25, 2001.

  1. Ms. Cinder

    Ms. Cinder Active Member

    So...I'm trying to get rid of a bankruptcy on my credit...since I wasnt the one who filled.....I called the lawyer and told him.."I want it removed from my credit." .....He told me that "I" had to be the one to contact the collection agency and talk to them about it...... Is that right??? I would think that he should be the one to contact them......
  2. Zaphod

    Zaphod Well-Known Member

    Unfortunately the ways things are today if you want it done right you've got to do it yourself. First of all if you never filled for BK then it should not be on your CR. Second find out if your name was filled as joint debtor on the BK with the other person. If you have had no knowledge of this then the lawyer should handle it because it is illegal to add someone as a debtor in a BK proceeding without their knowledge. If that is not the case, the final judgement is a public record and you should be able to obtain a copy of it. Then DISPUTE IT with the CR. Send them a certified letter stating your case and if you obtained a copy of the judgement send them a copy too. Then they will have to verify with the court that your name is not indeed on the Final Judgment and then they have to remove. Hope this helps.

    ---> Zaphod
  3. NanaC

    NanaC Well-Known Member

    Can you explain a little more what you mean by not being the one who filed?? How did you get connected to the BK then?
  4. bbauer

    bbauer Banned

    It appears that on one hand he may be praciticing a bit of laziness, but on the other hand he's probably actually helping you a bit too. The collection agency is the one who is putting the hickey on your credit report and so they are the ones that are going to have to take it off if it's going to get taken off at all.

    As you already know, bankruptcies can be very difficult to get off or they can turn out to be pretty easy sometimes.

    There are basically three possible??? ways to do it, none of which are either all that practical or easy. I will list them.
    • Some lawyer I saw talking about bankruptcies on another website was claiming that about 78% of all bankruptcies contain administrative errors and this guy was claiming that he had had great success in going back in after the bankruptcy was over and getting it reversed and off the records that way. This was on his personal website, so it wasn't just some dude blowing hot air. I don't remember the website although I might have bookmarked it. Basically speaking, he is probably just about right in his guesstimate of 78%. I wouldn't know. Since he gave his office number and stated he was a member of some bar association, I'd bet he knew what he was talking about. I also just happened to think I do remember where I saw him at. I'll check it out if you want me to. You could do it yourself after a few years of studying the law too, I'll bet (LOL)
    • Another way is to try to trick the collection agency into thinking that its a new debt and get them to commit some violation of the law. That's about as likely to happen as finding a big bag of money flopped off a Brink's truck passing your house, but I guess you can always try. I do, but so far have not tried it often enough to know if it can be done or not. But what the heck, nothing ventured, nothing gained. If you were able to trick them off, then all you would have left is the bankruptcy itself to contend with and then you could try the 3rd method below. It's the one most commonly used by credit repair firms and probably is the most effective.
    • Just keep spamming (disputing) the credit bureaus hoping to get it off. They might goof and not get around to getting it checked out or the collection agency thoy go ask instead of going to the court to get their verification as they should might goof up and not get it verified or just give up on the issue. That's the way the credit repair companies go about it, and it the case of bankruptcy it's about the only viable way there is that I know of.
  5. Ms. Cinder

    Ms. Cinder Active Member

    Can you explain a little more what you mean by not being the one who filed?? How did you get connected to the BK then?

    I was married once...divorced at age20....ummmmmm.....He filed bk ....I didnt...was never notified of any bills/debt....found out about bad credit last year....thats a short version....soooo here I am.....trying to get things cleaned up....... so thanks to everyone who is posting......

  6. Crdt Dfnse

    Crdt Dfnse Well-Known Member

    Some Concerns To Address

    Ms. Cinder:
    Forgive me if I missed something, but you seem to be suggesting bankruptcy fraud. Albeit Iâ??m not emphatically stating that youâ??re being less than 100% truthful, only that your contentions donâ??t make sense â?? relative to BK procedures. Nonetheless Iâ??ll explain my confusion so that youâ??re equipped to respond, addressing the issues accordingly.

    When a person files petition for bankruptcy a sworn statement must be submitted, under penalty of perjury. (The BK petition form approved by the Federal Judicial Counsel, expressly warns of this.) Also if counsel is representing a party, the petition (or pleading) must be countersigned by the lawyer â?? attesting to the accuracy thereof. Whatâ??s more the court trustee sends notices to all parties (including debtors), although youâ??ve stated not receiving any. Lastly, action is required on the petitionerâ??s part or the case is dismissed (and your CBR would have reflected that).

    As you can see there are a few inconsistencies between procedure and what youâ??ve stated thus far. So perhaps now you can understand my questioning, and will reconcile the matters accordingly? Doing so will help us point you in a better direction.
  7. NanaC

    NanaC Well-Known Member

    Re: Some Concerns To Address

    Was the divorce final at the time of the BK? Did you sign anything at all relating to this BK?

    If not, then this is illegal, I'm sure (ok, as sure as I can be as I'm no legal expert).

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