DH and I filed for BK 7 in April '99. At the hearing Sears rep showed up with an reaffirmation agreement for $1600.00 of secured debt and payment schedule. The discharge papers (received in Aug '99) show that the entire CC was discharged. The total was ($8400.00). Through some research last night, I found that Sears was sued ($100mil) because they failed to file these agreements with the BK court. In short, we have paid the min. pymnt for 4yrs. In the meantime Sears reports this to CRA's as open and 120, 90 & 60 late prior to BK. I believe that this is killing credit scores. I need help with a letter to Sears requiring proof that this agreement was filed in court. Can anyone help? I believe it would be kind of a validation letter?
This is funny, because i filed for banko in 99 and Sears had me sign a form at the hearing and after wards said they had me sign the wrong form. To make a long story short, i paid sears off and they gave me my credit card back and raise the limit to 5K. They have been great ever since. They also clean up my credit files with regard to my sears accounts.
I also signed a reaffirmation agreement with Sears in '94, and I was later awarded a settlement through that lawsuit and all derogatory information before the bankruptcy to the time of the settlement was deleted. The card remained open and they raised my credit limit as well. I think this was in 1997 or 1998. Maybe there has been a revision on their reaffirmation agreements that make them legal now? I would think so, since the lawsuit was dated before you declared BK. HTH
