Can a BK be removed from a pub

Discussion in 'Credit Talk' started by David, Mar 26, 2000.

  1. David

    David Well-Known Member

    After the trade lines included with chapter 7 bankruptcy have been eliminated from a credit report, can a creditor then challenge the bankruptcy public record to remove it from the credit report? If yes, what is the procedure for removing the public record, and is it lawful to do so?, since the California law where I live says a chapter 7 bk must remain on your credit report for ten years.
     
  2. Edward

    Edward Guest

    RE: Can a BK be removed from a

    Fax me your phone number i will call you i can help you with your BK.
    Edward
    425-955-3134---Pin#4467
     
  3. John Debto

    John Debto Guest

    RE: Can a BK be removed from a

    From the FCRA:

    http://www.ftc.gov/os/statutes/fcra.htm

    You can't get it off before 10 years have
    past.


    § 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.
     
  4. Credit Ran

    Credit Ran Guest

    RE: Can a BK be removed from a

    Yes is can be removed and removing the record would NOT be a violation of law. Certainly there is something in the record (BR) that is inaccurate and it is worthwile to challenge the data. Question..how old is the bankruptcy (after a period of several years the record goes into the federal arhives) Also don't use the services of Edward aka Bobby aka Robert aka inmate 47890278 as there are questions about his business practices (plus its noteworthy that he uses a number of aliases
    venceremos CR
     
  5. David

    David Well-Known Member

    RE: Can a BK be removed from a

    The bankruptcy is only 1 year old. And I have challenged some inaccuracies on my credit reports and resolved them.

    I was told by my attorney the BK would stay on for 7-10 years, but the individual accounts would drop off my credit report after 7 years.

    My question was, after that 7 years, can I get the BK off my credit report? Or must I wait another 3 years for it to drop off? And when does a BK go into Federal Archives?

    Thanks in advance,

    David
     
  6. rb

    rb Guest

    RE: Can a BK be removed from a

    Your Chapter 7 bankruptcy will remain on your credit report for 10 years from the date of discharge.
     
  7. MARY

    MARY Guest

    RE: Can a BK be removed from a

    TELL ME MORE ABT BK IF I CAN FILE IT MYSELF AS I DONT HAVE 1000$ FOR THE LAWYER IT IS GOING TO BE CHAPTER 7. THANKS
     
  8. GEORGE

    GEORGE Well-Known Member

    RE: Can a BK be removed from a

    I would like to know how a BK can be removed from my credit report.
     
  9. Credit Ran

    Credit Ran Guest

    RE: Can a BK be removed from a

    In most districts the data goes into the federal archives after 5 years. Chap 7 stays on your credit file for 10 years Chapp 13 for 7..........the order of disputes should be credit data first then public record (BR) data only after the trade lines are eliminated (no value in deleting a BR if "discharged in bankruptcy shows up on the trade lines). It may take a couple of years but that wont keep you from secured or "B"cards for a while then rebuilding FICO scores. Generally after 3 years with no new adverse events and new positive trade lines the FICO scores improve adequately to rebuild and mortgages and car loans are possible. they key is to eliminate as many bad records as possible while building and aging new ones as this improves FICO scores.

    Good luck C.R.
     
  10. Credit Ran

    Credit Ran Guest

    RE: Can a BK be removed from a

    Challenge it on a factual basis like you would challenge anything else. And keep doing it (wait at least 90-days between attempts. An irresistable force (you)overcomes and immovable object (credit bureaus) and at times it may be worth using professionals with attorneys on staff
     
  11. Credit Ran

    Credit Ran Guest

    RE: Can a BK be removed from a

    If you have nothing to protect assets like a house or other goods and nothing to lose and your financial situation is so dire you cant pay the $800 or so for fees and an attorney there are self help books at Nolo press that walk you through filing your own bankruptcy but if that is your situation I would suggest not filing for BR at all. IF you have nothing to protect and no assets that can be attached the creditors will just charge off everything anyway and it is easier to dispute these debts later as obsolete or whatever plus you don't have to worry about that 10 year record of a BR.

    Just my humble opinion but if you have nothing to lose what is there to protect?

    If you follow this strategy look at Money Troubles by Leanard NOLO press at your public library.

    I hope things get better for you. God bless.
    C.R.
     
  12. J. Vick 71

    J. Vick 71 Well-Known Member

    Re: RE: Can a BK be removed from a

    Have you had this removed yet? CONGRATS on 20,000 posts!
     
  13. GEORGE

    GEORGE Well-Known Member

    Re: Re: RE: Can a BK be removed from a

    WHAT BK????????????????????????
     
  14. J. Vick 71

    J. Vick 71 Well-Known Member

    Re: Re: Re: RE: Can a BK be removed from a

    Sorry GEORGE I was totally kidding and just realized I might have came off as an ass by bringing this 4 year old thread up. I thought it was good troll bait for someone though. Obviously you don't have a BK. Sorry if you questioned it my intentions, I meant well.
     
  15. GEORGE

    GEORGE Well-Known Member

    Re: Re: Re: Re: RE: Can a BK be removed from a

    There had to be some [TROLL] words that were removed...OR I WAS TRANSLATING FOR SOMEBODY...
     
  16. GEORGE

    GEORGE Well-Known Member

    Re: Re: Re: Re: RE: Can a BK be removed from a

    I'M SNEEZING ON ALL THE DUST AFTER 4 YEARS!!!
     
  17. jb6969

    jb6969 Well-Known Member

    I had my BK7 discharged in October, and had it removed from my EQ credit report in December by disputing it as "not mine."

    There is a catch though.......I filed BK7 back in Dec. 2002, converted it to a CH13 to avoid a family member having to give the trustee $6k that I gave her, and then defaulted on the CH13 to get it dismissed. I refiled in Aug. 2003, and the BK7 was discharged in October. The year time period had passed since I gave the family member the money, that is why this one went well.

    Anyway, I pulled my credit reports on Nov. 1, 2003, and disputed a few accounts and both BK7 filings. 2 accounts came verfied, and 1 was deleted. Of the BK7s, the August 2003 filing which was discharged, was deleted, and the Dec. 2002 filing came back verified. And another kicker...........

    The 2 accounts that were verified both report as paid charge offs. Incorrect! More grounds for me to continue disputing. The BK 7 that came back verified lists the Dec. 2002 filing as being discharged. Incorrect! That was dismissed. Now I can work on getting that removed.

    It is possible. I think mine has been luck so far. On another note, I have disputed all accounts involved in the BK as "not mine." The ones that came back verified all report as open accounts/paid charge offs. This is incorrect. It is like they want to keep giving me an avenue to dispute.
     
  18. TradeWiz50

    TradeWiz50 Well-Known Member

    Re: RE: Can a BK be removed from a

    Actually it is 10 years from the filing date not the discharge.
     
  19. lbrown59

    lbrown59 Well-Known Member

    I think if you re read this law you will find that the law states thy are permitted to report it for 10 years not that they are required to.
    Check it out and let me know what it actually says.
    Also before disputing a public record call the CRAs and get the address associated with it removed from your reports.
     
  20. lbrown59

    lbrown59 Well-Known Member

    Re: RE: Can a BK be removed from a

    You most certainly can get it off before 10 years.
    This is a permissive statute not a mandatory one.


    Definitions:
    mandatory - Ya hasta
    permissive - Ya doesn't hafta but ya kin if ya wanna.

    A world of difference in meaning here.
    ><- <>- ><- <> ~~~ ><- <>- ><- <> ><- <>- ><- <> ~~~ ><- <>- ><- <>
    Never read the fine print. There ain't no way you're going to like it.
     

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