does anybody know the best way to remove a dismissed bankruptcy, and also if it is easier to remove a dismissed bankruptcy or any other type.
Did you request the dismissal or did the court dismiss your case because of some reason. The only reason I'm asking is that I'm going to be going to court soon and I'm quite afraid because I'm not sure what's going to happen.
A bankruptcy is public record, so I don't see how it would be possible. If you try disputing it through the bureaus, what are you going to say? "Not mine." Clearly, they can easily verify it if it is indeed yours by going back to the courthouse. If there is a BK on your file, that is not yours, that is a different matter. My suggestion on this would be to trace it back to the court that is reporting it and speak to them, they can correct it alot easier than the CRAs. Dani
Josethemar - you can dispute it like Jim did by saying, "I do not have a Chap 7 Bankruptcy public record listed under account number xxxxxxx-xxx " Then, dispute it during the holidays when the cra's are overloaded with work. It allegedly works.
I thought I had read before that if you voluntarily dismissed your case you should be able to dispute it off. Here's what the FCRA says: Section 605 (d) Information required to be disclosed. "Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title 11, United States Code, shall include in the report an identification of the chapter of such title 11 under which such case arises if provided by the source of the information. If any case arising or filed under title 11, United States Code, is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal." This doesn't say exactly to me that it has to be removed but I'd try for that anyway. Did you get anything from the court saying that it was dismissed?
He means, he requested it be dismissed. This can be done to avoid having the courts dismiss it "with prejudice", prohibiting you from filing again for a certain amount of time (usually 180 days).
http://www.ftc.gov/os/statutes/fcra/anon.htm may help you if there was no order of relief or an adjudication of bankruptcy is made by the court. According to this ftc opinion letter, then it would stay 7 years and not 10.
