Ch. 13 BK dismissed...

Discussion in 'Credit Talk' started by Tearmup, Aug 19, 2003.

  1. Tearmup

    Tearmup Member

    I sent TU a letter and received the following:

    "Thank you for contacting TransUnion. Our goal is to maintain complete and accurate information on your credit report. We have provided the information below in response to your request.

    Re: Policy for Information Retention

    The Fair Credit Reporting Act Allows:

    Bankrupticies to be reported for 10 years from the date of filing. However, it is TransUnion's policy to report discharged or dismissed Chapter 13 bankruptcies for seven years from the date the bankruptcy was files. Voluntarily dismissed bankruptcies, regardless of the chaper, are reported for seven years from the date the bankruptcy was filed."

    Has my ship sunk- or can I try something else?

  2. Mirage

    Mirage Well-Known Member

    what is your goal? Trying to get the bk-13 off before it's time?

    Best regards,
  3. jlynn

    jlynn Well-Known Member

    Did you admit to the BK?
  4. Tearmup

    Tearmup Member

    My goal is to get the BK off. The letter I wrote to TU is following:

    To Whom It May Concern:

    I am disturbed that you continue to list the dismissed bankruptcy as confirmed within my credit file. Although it is your policy to keep reporting bankruptcies that are filed, dismissed, or adjudicated for ten years, the FCRA mentions nothing in Section 1681c relating to bankruptcy about dismissals or filings. The law clearly sates from â??date of adjudicationâ? or date of â??order of reliefâ?.

    Any case, civil or otherwise, which is dismissed no longer exists in the eye of the law and a case filed may never have actually been adjudicated. Therefore, you have no right to maintain information that the government has deemed nonexistent.

    Therefore, pursuant to Section 1681(a)(5) of the FCRA, you must delete this information from my credit report and send me an updated copy when this action is completed.

    I guess this letter does admit to the BK, but the way TU lists it on my credit report is Assets- 0, Liab- 0. Can I try to go after them with the fact that I've never filed a BK with 0 Assets or Liabilities?

    Any help would be appreciated.
  5. Tearmup

    Tearmup Member


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