I filed for Chapter 13 Bankruptcy in 1996. I was married at the time and we were supposed to pay a monthly fee for 5 years. I have since divorced and we were to split the bankruptcy payments. We got behind and our case was dismissed. I paid my half but my ex never paid his half. This was not by the way written in the divorce. It was dismissed January 2002. All correspondance went to his home and I lived out of state at the time so I never had a chance to appear in court to stop the dismissal and my ex just didn't care. Now I have Bankruptcy dimissed all over my credit. I can't buy a house or a car. I have one creditor "Dillards" that has turned me over for collection. Even if I worked on a settlement with them it would not make a differance in my credit score. And I don't know how many others might be trying to contact me if any. I contacted one attorney that has told me in 4 years all of this will drop off my credit. Another one said I could file for Chapter 7 and it would be on my credit another 10 years. I am confused on what I should do. My ex..is now longer working, has no money, I no longer get child support...etc.. Me I have had a somewhat steady job (never know the outcome since my employer is in Bankruptcy). I have no bills other than household/daycare. I am finally on my feet. I can't afford to start paying every one I owed 6 years ago. I am at a loss for what to do about this. How do I get my credit looking better?? Is that even possible?? I don't know what to do or where to start??? I NEED ADVISE PLEASE!!!!!!!!!!!
I don't know the extent of your debts but filling chapter 7 may be your best bet. Youneed to get into a BK attorney as soon as possible. If your on you feet finally, you want to stay there. Just a side note, why wasn't this agreement written into the divorce then you could have at least went after him for contempt. If he's not paying support he should, hopefully they'll have him in jail soon enough. Go talk to an attorney, quickly before things get out of hand.
While I agree that she needs to speak to an atty, I don't think advising a chapter 7 at this point is the right answer. She says Dilliards is after her but doesn't know if any of the others are. They may have just accepted what was paid and closed the books on the debts. But they also may have not. She needs to talk to an atty to find out all the possibilities and options. And, although I have heard disagreements to this in the past, a dismissed or discharged chapter 13 bk will fall off in 7 years. That means it will be deleted from her reports next year.But, definitely speak to an atty. for all your options and, you also need to go after the deadbeat ex.
I completely agree and that's why I suggested shwe speak with an attorney. We really have no idea of her situation and an experienced, trusted BK attorney will advise her of teh best route to take. I'm sorry like it sounded like I was advocating Ch7. I would never push someone into that....
Let me Thank you first of all for responding. The only reason that Dillards were even able to find me was because my ex...he kindly gave them my number. They called him before his phone got disconnected. My current phone is not listed in my name. I am just concerned. They told me that my ex would lieable for this bill since were married at the time. Although the card was only in my name. However they wanted me to settle the balance and then sue him for his 1/2 in small claims court. I didn't agree with that suggestion. I can't get him to pay me for my children insurance now. What concerns me is if I file Chapter 7 on all my dept...What is to say other creditors will not come after me for his dept. He has managed to not exist with no phone now. In the divorce nothing was written about our dept since it was all in the bankruptcy. My attorney said it was not necessary to put it in there. Mind you it was only dismissed for $1,100.00 Jan of 2002. I tried calling them as soon as I found out that they were going to be dismissed to get them the money but it was to late. Once dismissed they will not turn back. I worry about the chapter 7 since it would mean starting over for 7 more years on my credit. If it is true that it drops off in one year it would drop off. So now what??? I'm puzzeled....
It is, in my opinion foolish to suggest you file ch7. You are well beyond the SOL for being sued on this debt, or any others.(unless you live in Rhode Island) All of these debts will drop off 7 years from your first default, your DISMISSED ch13 will remain on your report for 10 years from original filing date. Send the collection agency for Dillards a cease and desist and get on with your life.
Let me make sure I understand. I filed for Chap. 13 in 1996 so all that dept will be off my credit in 2003. The dismissal was filed in Jan. 2002. It will be off my credit in 2012??? Is there anything I can do to take that off sooner?? So the SOL for Dillards has expired? Once dismissed do they have the right to ask for it? I just want make sure.
Your original debts that you incurred, whether or not they were included in your BK will drop off 7 years from their ORIGINAL charge-off date, which would have HAD to have been before 1996. Your BK 13, will drop off in 2006- 10 year from the ORIGINAL filing date. Your creditors can try to collect, but they no longer have any legal right to do so.You can send them,( if any threaten any legal action),a notification that you are beyond SOL and their collection actions are prohibited. If you need some State specific information, e-mail me or go to my website.
You keep posting this 10 year stuff on dismissed chapter 13 bks. I posted this last week, maybe you didn't see it. It is from Transunions' site, under the faq's. How long do public records remain on my credit report? In general, civil judgments remain on your credit report for seven years from the date filed. Tax liens remain on file for seven years from the date paid. If the tax lien is not paid, it will remain on the file indefinitely. Chapter 13 bankruptcies that have been dismissed or discharged remain on file for seven years. All other bankruptcies remain on file for ten years.
I appreciate the fact that TU, and perhaps even other CRA's may CHOOSE the 7 year term for DISMISSED Ch 13,(although I tend to believe with TU'S record of sloppy errors in their recordkeeping, that your reference is just another mistaken typo on their part) however, the FCRA states without ANY doubt that a dismissed Ch 13, even if it was an unadjudicated involuntary dismissal, as in the link to the FTC opinion here, http://www.ftc.gov/os/statutes/fcra/anon.htm Is allowed to remain for UP TO 10 years.
Stop for a moment and think.... The reason why discharged Ch 13s are now deleted 7 yrs after filing is because these debtors filed a repayment plan and stuck to it! In the past a person could file Ch7, wipe out all debt and would get credit soon thereafter. The person who paid their debts through Ch 13 found it nearly impossible to get credit even after discharge. AND it used to be 10 years from discharge was the deletion. A Ch7 in 1985 would have BK removed 1995 whereas a debtor who filed Ch13 the same year, paid their debts and took 5 years to do so would have had their credit report BK removed yr 2000! So where a Ch7 stayed 10, the CH13 stayed 15! Where was any motivation to pay your debts? That seemed contrary to logic. Now, in an effort to recognize that a Ch 13 discharge showed debts paid, the credit industry decided to reward that behavior with deletion @ 7 years from the date of filing. The majority of CH13 dismissals are for non-payment. Why reward these folks with a 7 year removal?
Whatever. I posted the link from TU that says it will be deleted in years. Rewarding or not, that is what they are doing.
