How do you get BK removed?

Discussion in 'Credit Talk' started by raine, Jul 24, 2003.

  1. raine

    raine Member

    For those of you who have had a BK removed off your report.. how did you do it?
     
  2. iambroke

    iambroke Well-Known Member

    Just waited for the 10 yrs to go away and it fell off :)
     
  3. Poochie

    Poochie Well-Known Member

    I've never done that (may have to declare BK soon though :( ) but I've read here that some cnetters have been able to dispute it off with lots of persistance.

    Good luck!

    Poochie
     
  4. Mirage

    Mirage Well-Known Member

    I tried for the last 2 years to remove my bk-13 but it always came back verfied.

    Since I filed a bk-13 it is due to fall off this Oct/2003. The bk-13 has fallen off my EXP report (that's what CreditExpert is saying).

    In short removing a bk before the 10 or 7 year mark is very diffcult. There is a thread here about a few weeks ago that detailed on how to dispute the bk info.

    From my own experience and an avid reader of this board it's my observation that one's chances are slim.

    Best regards,
    Mirage
     
  5. gmatt

    gmatt Well-Known Member

    I can personally tell you its not impossible. I was married, and my ex spent us into oblivion. I had a low paying job, she was on disability and had a penchant for going to Atlantic City and getting cash advances on any credit card she could. We were more than $30,000 in debt and sinking quicker than ever. Right before I wised up and filed for divorce, we decided to claim bankruptcy. It was discharged in 1998. (I forget if it was 13 or 7, but its the one you dont have to pay back.)

    Fast forward to 2001. My credit is a mess. I am remarried, have a baby, and know that I am going to need a new car soon. We go out and buy a new car, and get smoked with an 18% interest rate. I start checking out these boards and get some knowledge. I start disputing things. First, I dispute the things that I either know arent mine, or were probably opened by my ex without my knowledge. Then I start working on some of the things that I was party to, but I certainly didnt charge the things that were on there. Then I worked on the things that had discrepancies. Now I am working on a pretty clean credit report, with only the BK and a judgement from Sears. I called Sears about the judgement, because the date for the judgement was after my BK was discharged, and that account was on the BK. They agree to release the judgement, and I got that off the report. Finally, last year I start thinking about buying a house and really dont want to be saddled with the BK on my report. I read here that you could dispute it if the Assets and Liabilities were listed incorrectly. Well, sure enough, mine said 0 for both, which is certainly incorrect. So I took a shot and disputed it. Sure enough, about two months later, I get a letter that it was removed. So I tried it on the others and BANG-BK is gone.

    Now, one of my reports still has accounts that say included in BK even though I dont have a BK listed on the report. I tried to dispute, but they have validated. I am going to wait and try again. But I cut the time of my BK being listed in half. I think the biggest thing that caused it to be deleted was that the BK was just about 5 years old. I am pretty sure they get sealed in the federal record after 5 years, and it would be difficult for the CRA to get the info, so the just deleted it. Also, I waited to dispute around the Xmas season, when credit activity is high, and I am sure most creditors dont want to be bothered with validations. Good luck, and be persistent. With this forum and Gods help, I fixed my credit. And if I can do it, anyone out there can.
     
  6. Mirage

    Mirage Well-Known Member

    I tried to get my bk-13 dropped a little early with TU. Got an automatic form letter stating it's TU policy about not deleting bk-13 until 7 years after filing.

    So I did not even get the benefit of a review just a form letter.


    Best regards,
    Mirage
     
  7. SCMomof5

    SCMomof5 Well-Known Member

    If you have moved, the first thing to do is to get the old address off your credit bureau.
    If you have any accounts listed as being "included in BK" get those deleted.
    Review your BK listing....is *any* of the info actually incorrect? Dispute that. Else, simply dispute as "not mine".

    I disputed the info on my BKs. (1993 Ch7 and 1998 CH13). TU deleted both. EQ deleted the Ch7. EX verified both. EX deleted the Ch7 3 weeks ago. I had not redisputed. The Ch7 was scheduled to fall of 8/03 (and they usually use EOM not BOM!) So they deleted it 2 months early. Cool! So now I have only my 13 on EX and EQ. The 13 is scheduled to go bye-bye 1/05. I guess I will have to wait until CHOD... because that was when I originally disputed the BKs and had the success!

    (FYI, since I do not recognize your 'handle', CHOD is "Creditnetters Holiday Onslaught of Disputes" - we overload the already overloaded CRA with disputes at XMAS time. Most deletions are because investigations fail to get completed in the requisite 30 day window.)

    Good Luck
     
  8. themyles

    themyles Well-Known Member

    This is what I have heard. No guarantees here.

    Requires great timing.

    Have the bk attorney or yourself request to view your record. Takes a day or two to get it. The bankruptcy should already be in dispute when the record is checked out .

    The CRA will not be able to verify, because the record is not there.

    I heard this way of removing it years ago. It told exactly how to do it. It sounds plausible, but I do not have the details as you can see.

    I am in no way suggeting you try this, but just to let you know there probably are ways to do it.
     
  9. tmitchell

    tmitchell Well-Known Member

    Most BK court records are now computerized and accessible via a simple call to an automated phone system. You best bet is to find something wrong with the entry and twist their arm to delete.
     
  10. LisaMc

    LisaMc Well-Known Member

    TMitchell, how exactly do you twist their arm? Our bk, reporting on 1 CRA for both by husband and I, is 100% wrong! It lists the plaintiff as our attorney, no assets, no liabs, and an incomplete case #. I have disputed this probably 10 times on 1 CRA. They continue to verify the incorrect info. I know it has to be 100% CORRECT, but how can you force them to get it 100% or delete?
     
  11. tmitchell

    tmitchell Well-Known Member

    Lawsuit may be the only option. I'm working on a draft letter to TU.
     
  12. LisaMc

    LisaMc Well-Known Member

    This is how I got confused in my own argument--I disputed inaccurate info, they verified the inaccurate info, I redisputed multiple times (10), they verified each time. So, I still have inaccurate info and they say "previously verified." The bk is mine. It is reporting 95% incorrectly. To discuss this with them is a bad idea. You get caught up in "is this or is this not yours?" A worse idea "send us a copy of your bk paperwork." The bottom line is that they want me to tell them how it should be reported, and they will mirror that in my report. Otherwise, they consider the inaccurate info to be "verified." They are the ones who dug it up, they should ascertain what should be reported without my help.

    I don't object to filing a lawsuit even though it is about my least favorite thing to do. I just don't quite know how to style the complaint. Really I want them to delete it. That is no surprise. If they won't delete, at least they should report it correctly without my help.
     
  13. tmitchell

    tmitchell Well-Known Member

    Send them a request for procedure. Ask them how they verified. They have 15 days (I think) to respond to you. I'm kinda facing the same battle.
     
  14. LisaMc

    LisaMc Well-Known Member

    I have sent them a request for procedure in the past. I got a list of every single address in my credit report. I know this does not satisfy their duty to send procedures. Again, short of a lawsuit, what do you do? If you do file the suit, what you are really debating is whether the address list is sufficient procedure description. I am not an attorney, but I know it isn't.

    I am so happy for everyone on this board that wins their lawsuits while representing themselves. A huge pat on the back for the little guy! I have not had that luck unfortunately even with very strong cases. I just would prefer to skip a lawsuit if I possibly can, and maybe I can't avoid it.
     
  15. four20nik

    four20nik Well-Known Member

    Hey Lisa...remember that CSC thingy a while back? Did it work? Mine was deleted later that month...tu finally gave last week.

    Now, I am bk free...it only took 8.5 years, lol...
     
  16. FedUp2003

    FedUp2003 Well-Known Member

    Our bk, reporting on 1 CRA for both by husband and I, is 100% wrong! It lists the plaintiff as our attorney, no assets, no liabs, and an incomplete case #. I have disputed this probably 10 times on 1 CRA. They continue to verify the incorrect info. I know it has to be 100% CORRECT, but how can you force them to get it 100% or delete?

    Began this quest 8/01. Now:

    Me:
    EQ 420 ===> 696
    EX 445 ===> 651
    TU 405 ===> 697

    HUBBY:
    EQ 450 ===> 696
    EX 473 ===> 747
    TU 501 ===> 841!!!!!!! 1st Clean Report



    I just don't see how you have such high scores with a BK showing up. Are Paid Collections, from 1998, worse than a BK? I have a Paid Collection and a couple of 30 day lates, and my score is 599.
     
  17. Mirage

    Mirage Well-Known Member



    My score with a bk-13 on file was at a high of 719, it came down to a 705. When EXP removed my bk-13 (3 months early!) my score drop 45 pts.

    Best regards,
    Mirage
     
  18. LisaMc

    LisaMc Well-Known Member

    I think I may have answered you on another post, but I will try again.

    First of all the scoring system is not just looking at negatives, it looks at positives too. The more time that passes since your derog, the better. The 2 highest scores we have are on reports with 1) no dergos and a ton of excellent credit pre-bk 2) 1 derog (which supposedly is unrated as "inc in bk" and a ton of clean credit. 3) The lowest still has the bk on it and 3 "inc in accts". From what I have read on this board, a huge emphasis is placed on the "age" of the file overall. ie what is your oldest tradeline. For both of us, it is a joint AMEX card that I have had since 1984. We added him as an authorized user when we got married 7 years ago. His report doesn't reflect the AMEX as 7 years old, it reflects it as 1984 like mine. I think that helps his score a lot too.
     
  19. Mirage

    Mirage Well-Known Member

    LisaMc, I'm not sure if it was you or someone else who posted this answer but the aging of accounts was the major reason for the drop in score.

    My oldest TL is a Cap 1 that was opened shortly after I filed the bk-13 in 1996. Nothing after that until 2000.

    Thanks for your information.

    Best regards,
    Mirage
     

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