BK 13 list 2 doc # on CR ...

Discussion in 'Credit Talk' started by UNLV34, Jul 28, 2002.

  1. UNLV34

    UNLV34 Well-Known Member

    Hello Everyone,
    I am a newbie to the board. This is a great site with alot of helpful info.

    Here is my story:

    I filed BK (Chap. 13) in MD on 2/99. Due to a work injury, I did not pay off the debts. My lawyer refiled on 8/99. I pulled my 3 in 1 CR and here are the results...

    EX, EQ shows BK 13 petition filed..TU shows BK 13 dismissed (all for 2/99 date).

    EQ shows BK 13 filed, EX shows BK 13 discharged/completed 2/2000, TU shows BK 13 dismissed (EQ & TU for 8/99). Ironically, this is a different document number from the 2/99 filing.

    So, now my CR shows both BK 13 has 2 different document # and is hurting my Credit rating and scoring BIG TIME. Is there any advice on how to combine or remove 1 BK? I don't deal with the lawyer anymore, so any help is greatly appreciated.

    Thanks...


    UNLV34
     
  2. LKH

    LKH Well-Known Member

    You are going to have a battle on your hands with TU. They claim if it was filed, it stays for 7 years. Exp and Equ on the other hand, deleted a 13bk I had filed but withdrew, without a problem. The only suggestion I have for you is dispute them with the cra's. Who knows, maybe they won't really investigate and they'll just delete them.
     
  3. UNLV34

    UNLV34 Well-Known Member

    Thanks for the advice LKH,

    Question:

    Since EQ shows BK 13 discharged, should I keep that? Can I go back to court and withdraw the other BK 13 that is dismissed? Remember, they are showing 2 separate doc #...

    I just got my 3 & 1, and I have ALOT of work to do. Since I am a newbie, do I send out validation letters to CA first, or to CRA first? I just faxed Inquiry delete letters to all 3 CRA yesterday, so I will keep you posted.

    Also, any advice on how to delete 2 Judgements (3 years old apiece) and a tax lien (1997)?

    Any comments GREATLY APPRECIATED!!!

    Thanks,

    UNLV34

    EQ-??
    EX-557
    TU-370 (this is ugggggllllly!!)
    Eloan-510
     
  4. jambe

    jambe Well-Known Member

    All three?

    If you have a working FAX number for Experian, I'd sure love to have it.

    Post it please :eek:)
     
  5. UNLV34

    UNLV34 Well-Known Member

    Hey Jambe,

    I have the info handy. These fax # worked for me last night:

    EX: (800) 301-7196
    (972) 390-1680

    EQ: (281) 878-1974
    (866) 233-3777
    (888) 729-0083

    TU: (714) 447-6032
    (716) 626-1795

    I used these fax # last night and received a good transmission. I hope this is helpful for you and everyone (Before the numbers are changed by the CRA's).

    Peace...

    UNLV34
     
  6. jambe

    jambe Well-Known Member

    Are all numbers listed FAX?

    Last time I talked to Experian, the rep said "we don't have a fax machine on the premises", supposedly to prevent fraud. I figured it was just BS, but nonetheless I couldn't get a number from her.
     
  7. clc18940

    clc18940 Well-Known Member

    UNLV34-
    As for your chapter 13s...the problem you have here is that you had a chapter 13 dismissal. A dismissal unlike a completed 13 discharge can stay on your credit report for 10 years! The FCRA states that ALL bks can stay on your credit report for 10 years....here is something I posted awhile back:

    =====================================
    Question:
    How do I get the Bankruptcy removed from my credit report?


    Answer:

    The bankruptcy court has no jurisdiction over credit reporting agencies. The Fair Credit Reporting Act, 6 U.S.C. Section 605, is the law that controls credit reporting agencies.

    The law states that credit reporting agencies may not report a bankruptcy case on a person's credit report after ten years from the date the bankruptcy case is filed. Other bad credit information is removed after seven years. The larger credit reporting agencies belong to an organization called the Associated Credit Bureaus. The policy of the Associated Credit Bureaus is to remove chapter 11 and chapter 13 cases from the credit report after seven years to encourage debtors to file under these chapters.

    =====================================
    here is the site:http://www.canb.uscourts.gov/__8825...7c?OpenDocument

    With this information now lets reference the FCRA

    If one reads the FCRA Section 605 carefully one can see that there is nothing in the section that states bk 13s are different than bk 7s...let me quote from the FCRA, Section 605, Paragragh(a) (1):
    =====================================

    The Fair Credit Reporting Act

    This version of the FCRA is complete as of July 1999. It includes the amendments to the FCRA set forth in the Consumer Credit Reporting Reform Act of 1996 (Public Law 104-208, the Omnibus Consolidated Appropriations Act for Fiscal Year 1997, Title II, Subtitle D, Chapter 1), Section 311 of the Intelligence Authorization for Fiscal Year 1998 (Public Law 105-107), and the Consumer Reporting Employment Clarification Act of 1998 (Public Law 105-347).


    § 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

    (a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

    (1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.

    =====================================

    Therefore by law the credit reporting agancies can report bks, whether they be 7 or 13, for the full 10 years. Due to their own policies they delete discharged 13s in 7 years...as stated above...in order to encourage filers to file 13 repayment plans instead of 7 liquidations.

    There are many reasons a Chapter 13 is dismissed...the overwhelming one is that the filer falls behind in their pmt plans. Other reasons include but are not limited to voluntary dismissal, failure to appear at 341a meeting, fraudently filing and conversion of a 13 to a 7.

    Given these facts re: "dismissed" 13s....they can and many times are reported for the full 10 years.

    I know there are some people who have been successful in getting dismissed 13s off their reports in less than the full 10 year time and for their efforts and successes I applaud them...but in attempting to do this I would not recommend citing the FCRA.
    =====================================


    As for your tax liens you didn't mention if they were paid/satisfied or unpaid...and if they were state tax liens or irs liens...if they were "attached" or "unattached" (meaning do you own real property that the lien is attached to?) If you answer those questions I might be able to answer them more clearly.

    I know this isn't exactly what you wanted to hear but I hope it helps.

    clc
     
  8. UNLV34

    UNLV34 Well-Known Member

    Great job clc!!!

    As far as the BK 13 (both with different doc #), it looks like I am screwed until atleast 2009!!! I hope there is a way or a loophole that can be thought of to atleast get rid of the dismissed BK or the discharged BK. Both listed on my CR is hurting me from applying for anything.

    As far as my lien, it is an unpaid State Tax Lien (reported by EX) in MD ($550.00), filed 04/99. The other is an unpaid MVA State Tax Lien ($4100.00), (reported by TU) filed 10/94.

    There is an unpaid General Civil Judgement. EX & TU reports $715.00, with a filing date 12/00. EQ reports $695.00, with a filing date 12/00. All 3 CRA have the same Doc number.

    Should I take a chance and dispute with the CRA on the BK 13 (either one)? What can I do regarding the unpaid state tax liens and the judgements?

    Thanks for all of the help so far, you have REALLY been a ray of light in total darkness!!!!
     
  9. UNLV34

    UNLV34 Well-Known Member

    Sounds like the CRA fed you a bunch of BS. They are active fax numbers, but I have read on the board somewhere that CRA change their numbers all the time. So, try them while they are still good.

    As soon as I get a response of some type, I will keep you posted.
     
  10. clc18940

    clc18940 Well-Known Member

    UNLV-
    Happy to help...you forgot to tell me if the liens are "attached"....basically do you own a house or any other property? What is a MVA tax?

    As for your judgments in the state of MD the SOL is 12 years and it is not renewable....which means how long they can chase after you to collect on it. But it has to drop off your CRAs in 7. The only way to get rid of a "default" judgment (I'm assuming you didn't go to court on it) is to find some reason to file a motion to vacate i.e. improper service (they did not notice you properly) as I'm not off-the-top of my head familiar about MD statutes I'll have to look it up when I get to my office.

    Hope this helps...will check back later with some more info for you...don't forget is it "attached"...important little detail.

    clc
     
  11. jambe

    jambe Well-Known Member

    For Experian, the 800 number, where did you get this. Are you 100% sure it's for Experian?

    I just don't want to go faxing my personal information all over the world :eek:)
     
  12. clc18940

    clc18940 Well-Known Member

    doin' a <bump> for my UNLV buddy...he was up pretty late last night so we probably won't see him until the midnite hour...lol

    clc
     
  13. clc18940

    clc18940 Well-Known Member

    YO where did the runnin reb go??? (sorry my old new joisey accent coming back)

    I'm< bumpering> this one more time UNLV!!!

    clc
     
  14. UNLV34

    UNLV34 Well-Known Member

    Hey CLC,

    I am alive and well, still Runnin with a similar Jersey accent (grew up in South Jersey). Now that my hectic work week is over, its back to classroom time on here for me.

    To answer your question, MVA is a Motor Vehicle (unpaid tax lien of $4100). There is no property attached, so should I file a motion to vacate?

    Also, what advice do you recommend regarding the BK 13 with different doc #'s? My lawyer screwed me since he filed them twice within 6 months apart. Can I withdraw one or do I need to see another BK atty to try to get one of them removed?

    Thanks for all of your "great helpful info" on this. I am sending out val debt letters to a few CA's this week on pd accounts, so I can try to get them removed off the CR.
     
  15. UNLV34

    UNLV34 Well-Known Member

    Hey Jambe,

    Sorry this took so long to get back, I had one HELL of a work week. I got the number off of another board. A friend of mine sent inq del letters to all 3 CRA's a couple of weeks ago. He received replies back regarding his inq, so that made it official for me. I know CRA's change their fax # from time to time, because they don't want everyone faxing their info.

    As soon as I get a response from the CRA's, I will keep you posted on my results. I agree, I don't want my bad credit all over some strange fax #..

    Any other fax # that I can come across, I will gladly share...
     
  16. Butch

    Butch Well-Known Member

    Hi UNLV34,

    Just go back to your existing BK lawyer and TELL him to fix it, and he better not charge you.

    :)
     
  17. clc18940

    clc18940 Well-Known Member

    UNLV,
    A runnin' reb from south joisey????

    In answwer to your questions re: chapter 13...unfortunately the first one was dismissed. Now what I would do is to dispute the dismissed one...but don't out and out lie by saying "not mine"...try a dispute like "did not file bk on such and such a date...filed on such and such date"...this would be an attempt to get the dismissed bk off your reports and keep the bk 13 that was not dismissed as a dismissed bk 13 stays on your report for 10 years but a discharged 13 stays only 7 from date of filing.

    As for your MVA liens...those are tough as sh*t to get rid of...my daughter has surcharge liens from joisey (state of unfathomable insurance surcharges) I am disputing hers as "not hers"...but so far with little success. You can try and file a pro-se motion to vacate but you need some grounds...like improperly served or failed to properly notice...whatever grounds you choose the liklehood is that no one will show up and the judgment will be vacated by default. Basically my opinion is "what the hell" do you have to lose by trying.

    If you have irs liens that gets even tougher. The irs is the meanest collection agency of all. Dempooches (a creditnet member) just had some success with getting an irs lien withdrawn...but she has to pay them in full in 60 days...so maybe if you post a thread "irs liens" she will notice and tell you how she did it.

    All in all you have come to the best place for info as you are learning by the responses you've gotten. Hope this helps,

    clc
     
  18. jambe

    jambe Well-Known Member

    Unless you are just trying to make it seem like a duplicate listing, I wouldn't give them the correct info, because they are likely to just update it instead of deleting. If you don't give them the correct info and they can't GET the correct info, then they can only delete.

    If they verify with info you know to be incorrect, then you at least have a remote chance of getting something done based on their FCRA violation.

    This is just my take on it.
     
  19. GEORGE

    GEORGE Well-Known Member

    I'm confused what is an INSURANCE SURCHARGE???
     
  20. UNLV34

    UNLV34 Well-Known Member

    Clc,

    Although a RunninReb, raised in South Jersey but residing in the nation's capital.

    I will take your advice with disputing the BK 13 dismissed (EX, EQ list BK petition filed, TU list BK dismissed) for one document. My question is should I dispute with all 3 CRA's at the same time or one CRA at a time? If successful, should I wait to try to get the other BK (discharged) off the CR?

    As far as the MVA tax lien, that will be tough to dispute. You are sooooooooo correct with Jersey and surcharges. So, I may wait to see what happens with the BK's first before I tackle with MVA.

    As far as the judgement, EQ & TU lists judgement with filing date 12/00, $715.00. EX list the same filing date and doc #, but the balance amount is $695.00. I know I will have to pay this if I am going to pursue a house, but my question is how do I dispute this? Also, should I make an attempt to settle on this with the Creditor?

    "With CLC & Jambe on my side, how can I lose?" ...
     

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