BK13 discharged vs. non-discharged?

Discussion in 'Credit Talk' started by Zaphod, Aug 30, 2001.

  1. Zaphod

    Zaphod Well-Known Member

    I had a BK13 back in 1997 and it was discharged in 10/00, THANK YOU EX-WIFE! Now on my Experian report it shows that the BK has been discharged and will stay on record until 10/04. Now on my Equifax it does not show as discharged. Should I dispute this and send them proof of discharge to update the report? Or does Equifax just not include that bit of info on it?

    Also with the Experian and FICO score, are those numbers higher if the bankruptcy is discharged? Also does the score increase after the BK has been discharged for more than two years?

    ---> Zaphod ;')
  2. Becky

    Becky Well-Known Member

    Yes, get Equifax to report the BK as disharged with the correct dates.

    I don't know if or how much it may up your score. It will effect any credit you want to get if it still looks like the Bk is open.

    I just went through this with my CR also. My Experian showed a Petition Ch 7 from 1995 that they had never up dated. Haven't found out if fixing upped my score, but I do know it made the lender feel better.

    Hope that helps.

  3. NanaC

    NanaC Well-Known Member

    Hi! Besides the discharge error, are there any other errors in the BK listing?

    Before you "correct" it, you might want to try to dispute it with Marie's famous line that worked for me!

    Let me know!
  4. Zaphod

    Zaphod Well-Known Member


    What other types of errors would you be referring to? Also what happened in your case and how did you go about doing it? I appreciate ( and quite frankly need ) your knowledge! Thank you....

    ---> Zaphod ;')
  5. NanaC

    NanaC Well-Known Member

    They have to report this with accuracy...so check dates of events, the fact they don't have it discharged, and assets and liabilities, check the Case #, all the details. If any are wrong, state:

    I never had a BK that was not discharged with the dates of (If these are the errors) with $0 assets and $0 liabilities.

    You get it, say you never had a bk with the errors that are present.

    I did this and they removed the BK. :) I would try that first before working on correcting it!
  6. dlo64

    dlo64 Well-Known Member

    Would it not be better to try to dispute the BK through Equifax first? Then if it comes back verified, at that point provide them with the discharge and the dates. I know there is information on public records on PACER, but there have been a few that have managed to get their Chapter 13 deleted from their credit reports. NanaC is one that has been able to get it deleted. I would dispute it first and then if that fails, then provide the documentation. The last thing you want to do is do the work for Equifax which is what you do when you send BK paperwork to a CRA when you can possibly get it off your report first.

    Also, think of it this way. Say you go to dispute accounts that were included in your Chapter 13 in an effort to remove them, you have probably hurt your chances of doing so because you sent your BK paperwork to EQ and they not reinvestigate it. I filed a Chapter 7 last year and I am guessing that there are accounts that show as included or discharged in Chapter 13 just like in Chapter 7. Reason I think this is? I have four HRS (accounts serviced by Household such as Best Buy) that are incorrectly reporting my former accounts with them as included in Chapter 13 instead of discharged through Chapter 7.
  7. dlo64

    dlo64 Well-Known Member

    Sorry Nana, I wrote my reply before I see you did. But, those are my thoughts exactly. On EQ and TU my Chapter 7 shows $0 assets and $0 liabilities. This is something I will be working on myself, but right now I am letting Bradley Ross do it. If they can't get it off, then I will try it myself.
  8. Zaphod

    Zaphod Well-Known Member

    How difficult is it to then dispute charged off accounts or included in BK13 wage earner plan? Is it even possible? Could I only dispute them if there is a minor error or technicality? Most debts are 4-6 years old and instead of just disputing it through a CRA should I do anything else which could increase my chances of having them removed? I appreciate you help once again.

    ---> Zaphod ;')
  9. NanaC

    NanaC Well-Known Member

    Hmmm...here you may get different opinions. I believe someone recommended nesting the BK dispute in withseveral others. I did it differently (in fact, I did it online with Experian cuz you can write an explanation)..but I didn't want to draw attention to the one account that shows as incl. in BK. It worked..they deleted it..now I'm waiting a few months and going after that one remaining old account. So, that's my advice..others may feel differently and you might consider all angles! :)

    DLO: Don't worry 'bout it! :) I'm happy you feel the same..makes me feel better about the advice!
  10. dlo64

    dlo64 Well-Known Member

    Don't know about the Chapter 13's as I am approaching this from a Chapter 7. But, I have to dispute these 4 Chapter 13's because I never filed a Chapter 13, these were discharged in Chapter 7. This is causing all sorts of havoc, explanantions, etc. with potential creditors because it appears I still have outstanding derogs. Talked with my attorney today and he says these must be corrected because of the above.

    They have gone the dispute route and came back verified, but I definitely do not want to send my BK paperwork to the CRA's. Instead in this case I have decided to go directly to Household. I just sent my first letter to them and my next will be my demand letter if it is not corrected. That will be followed by them being served by a lawsuit. If I also find out that the CRA's did not actually reinvestigate, I will wait get through my battle with FUSA and Ford and then take the CRA's to court as well.
  11. dlo64

    dlo64 Well-Known Member

    BTW, Nana, thanks for the vote of confidence. When I saw the post to send the BK paper work to Equifax I though...NO WAIT, DON'T DO THAT!

    I knew you had your BK deleted. I know it's a little harder to do these days, but thanks to Marie's wisdom, I have found it is not impossible!

    dlo64 {coming down from her soapbox ;) }
  12. NanaC

    NanaC Well-Known Member

    You're welcome, dlo..that was so nice! Yes, using the wording she had placed, it was off in less than 2 weeks with an online dispute. Really cool! :) I'm using the same wording now on the other CRA's that have it wrong...though none have it AS wrong as they did! :) good luck!
  13. Zaphod

    Zaphod Well-Known Member

    Thank you so much for your help! Are there any other pointers out there to better my chances?

    ---> Zaphod ;')

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