I know one thing I did wrong, but what else is the problem here... I just got a copy of my TU, and my credit score has been in a constant state of decline. I had a BK7 11/98, and a judgement from Sears Roebuck on 10/98. In my negatives, I have a Citibank, included in BK, currently unrated, an installment account from a CU for $127, which was included in the BK, but shows as P&L writeoff, charged off as bad debt, another Sears account in the BK, unrated and my old mortgage which I reaffirmed in the BK, paid in 8/2000 shows 4 time 60 days, 5 times 30 days late. The judgement from sears I am fighting, as I only had one Sears account so it is either the judgment or the negative... In my satisfactorys, I have my car loan, never late; Macys, closed 7/96, paid as agreed; Providian, 2800 balance of 4100 CL, never late from 11/2000; Discover, 3100 of 4200, never late from 3/2001; Auto One, the auto loan I refinanced, paid 7/02, never late; Cap1, closed 9/01 never late; and another Macys closed 6/96, never late. Other than TU disclosures, I have no inquiries since 8/01. But my score is 530... I see people who declared BK last year with mid 600's. My worst mistake was closing my Providian with a balance still on it, and actually, it doesnt even show as closed on this report... I am at my wits end, what gives here.... My other CRs are similar. Any help would be appreciated....
Well, I had heard that even though the judgement was filed before the bankruptcy was complete, that I may be able to get the judgement removed... So I called Sears, and someone there said it was possible for it to be removed, and that she would get back to me... Of course, she didnt.... But I am still following up with them....
gmatt, You don't need Sears help. All you need do is petition the court that granted the judgment to vacate.
When you file the motion to vacate, cite USC Title 11 Chapter 5 Sec 524 (Effect of discharge). This states that it VOIDS any judgment no matter when it was obtained if the debt was included in the BK. I successfully used this to get my judgement vacated.
Just an update- I called the county courthouse this morning to get some information about this judgement. I gave the clerk the docket number, and he says "Hang on, there was recent activity on this" He comes back with the file and tells me that as of September 3rd, the judgement was ordered vacated. So dealing with Sears BK department actually did work. They may not have called me and told me they were doing anything, but surprisingly, they actually took care of it. Now, my next question would be, what kind of affect will this have on my credit score? Obviously its a good thing, but are judgements a huge thing? Also, do I have to now dispute these to get them off of my CR, or does the court update the bureaus?
