Hi Everyone! Went to court on the 8th of August against Trans Union. Steve Reger showed up, refused to even speak to me about the large amount of evidence I had against Trans Union. Unfortunately I could only recover out of pocket expenses, and was not entiled to injunctive relief in the small claims forum. So it was a waste of time. Meanwhile my house is going to Trustee sale on September 18th so I will have to file Chapter 13 to stop the proceedings or I will lose my property and the $40,000 equity. I feel horrible that it has come to this, I've been trying to get refinanced since last September, but the CRA's have continually undermined my effors. I've never had a problem with paying my debts, but when they can't prove the debts aren't mine then they need to get them off of my credit report. So I feel that I have a great lawsuit coming up. I am going to sue Steve Reger personally, along with Trans Union and Experian in Federal Court. I have considerable damages now that I need to file for Chapeter 13. I need to ask a question from those who have filed BK. I've been told by my attorney that I can enter a repayment plan with the Trustee, sell my property and then ask for a dismissal of the BK. Has anyone done this and how did it effect their credit report? CBJ
"bump" No personal experience with this one, but I know someone else does. Let's help a fellow Credit Netter out here...
You very well may be able to do that, but, a dismissed chapter 13 will stay on your reports for 7 years as will a discharged. You may be able to later dispute it off, but no guarantees.
Why not file CH7 and save the money? I don't know your situation, but have read several posts where people wished they went CH7 vs CH13.
Sorry. You are wrong. Here is a faq taken directly from TU's website. http://www.transunion.com/content/p...olutions/general/data/ManagingCreditFAQ.xml#5 How long do public records remain on my credit report? In general, civil judgments remain on your credit report for seven years from the date filed. Tax liens remain on file for seven years from the date paid. If the tax lien is not paid, it will remain on the file indefinitely. Chapter 13 bankruptcies that have been dismissed or discharged remain on file for seven years. All other bankruptcies remain on file for ten years.
The reason I'm going CH13 over CH 7 is because my property is about to be foreclosed upon and I have ~ 40K in equity in the property. It's the only way to stop the Trustee (Sheriff in some states) sale of the property. I have absolutely no other reason to bankrupt. This is the tragety of the situation. No credit cards, no real debt of any kind, just a few unverifyable collections (and only a couple of secured credit cards as "good" credit) that the CRA's refuse to take off my credit report. This is what is holding me up from getting refinacnced. That and the fact that now my mortgage history is shot because I was unable to pay my payments due to the foreclosure rules. Lesson fro everyone, beware getting a private "hard money" loan. Two years ago I got a loan from a private party when interest rates were up around 9% or so. My rate was 15%. I had not found creditnet yet and I had all kinds of clooections that were not mine on my report. 24 on my Equifax to be exact (now I have one). I was ok with the interest ratedue to the fact that I made good money by subdividing the property. However...... this spring when I was involved in a reunification effort with my two children that were kidnapped by my ex-wife 6 years ago, I fell behind one payment. 45 days after that I was in foreclosure. Ouch! So now I was not only down one payment, I had a couple of thousand dollars of fees attached to the property. Trustee fees, lawyer fees, publishing fees, service fees. Anyway just my story, hope it helps someone stay out of trouble. CBJ
Can anyone explain why a dismissed Ch13 would stay on your reprot at all? Why doesn't it go away like any other court case? Is it easier to get it off your credit report than a discharged BK? CBJ
I will maintain that a dismissed 13 stays for 7 as evidenced by my quote from TU. That said, I had a dismissed 13 that I disputed. Exp and Equifax removed it with no problem. TU as usual, had to be schmucks about it and I had to dispute it numerous times.
Some states have other requirements. In the state of Calif. unpaid tax leins must be removed at 10 years.
