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2006-06-18 01:03:33
2006-06-18 01:03:33

No, it cannot be removed but the information can be amended to read correctly. A bankruptcy discharge remains on a credit report 10 years from the date of discharge.


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Yes, discharged debts are generally noted as "included in bankruptcy" on a CR.

No. What will happen is all the defaulted accounts listed in the bankruptcy will be marked as such.."included in bankruptcy". The credit history, late payments, judgments, etc. will remain the same. In addition to the scenario in the above answer: The bankruptcy filing itself will be listed in the "public records" portion of your credit report. The disposition needs to be listed also (the discharge). The "bad marks" (i.e., the accounts) will show on your credit for 7 years. The bankruptcy listing will show for 7 years for a completed and discharged Chapter 13 bankruptcy and 10 years for a discharged Chapter 7.

Yes, after bankruptcy your debt (that which was listed in the bankruptcy) is eliminated. It may, however, take some time to restore your credit rating to the point where creditors will take a risk on you.

If the debt was discharged in the BK the entry for the creditor should read as such. The entry itself will not be expunged until the required 7 years has expired.

When it is filed. A discharge may be opposed by a creditor and there may be listed debts that cannot be discharged, or unlisted debts that may be discharged, so the "discharge" date is irrelevant.

The debts which were wiped out in bankruptcy still stay on your credit report, but they should be listed as "Discharged in bankruptcy." They will still stay on your credit for 7 years (they don't get extended to 10 years like the Chapter 7 just because they were discharged in bankruptcy). Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

The Fair Credit Reporting Act allows a bankruptcy to show for 10 years from the "date of entry of the order for relief or the date of adjudication". This refers to the legal item which appears in the public record portion of a credit report. Any tradelines that were included in bankruptcy, which are the accounts listed in the report, will be shielded from view after 7 years.

Your credit report will show both the accounts (which were listed first) and the legal entry of the bankruptcy in the public records portion of your credit report. Once a bankruptcy is discharged, credit grantors should update the account listing (called a trade line) and make sure that no derogatory information is showing (like past due balance or collection account notations) EXCEPT for the "included in bankruptcy" statement. This is what SHOULD happen. It's up to you to follow up and make sure that your credit report looks like it is supposed to after a bankruptcy.

If you are referring to a credit report the answer is NO. If the query is in reference to a creditor attempting to collect a debt that was included in the bankruptcy, the answer is also NO!2If the creditor is listed in the bankruptcy, No. If they continue to pursue it you can contact your attorney request a copy of the matrix filed in your bankruptcy, and either advise them of the page number the creditor is listed on and that it was discharged. Or, you can file a complaint with the federal court in your area and have it investigated.

No. The repossession will be its own listing. If is was including in the bankruptcy, it will be listed as 'included in bankruptcy' but it will still be listed as its own listing.UPDATE: Actually, you can force Equifax, Experian and TransUnion to remove a Bankruptcy from your credit report and you can do it legally using a federal law that is in place. Credit Bureaus MUST have "verifiable proof" of the "bankruptcy" in their files if they are going to report the negative item on your report. The dirty little secret the credit bureaus don't want you to know is that they do not have any "verifiable proof" in their files for any of the negative items on your credit report. The Federal Court that the bankruptcy was filed in may have this information on file but the credit bureaus don't. If you request the credit bureau to provide you with the "verifiable proof" that they have in their files they will remove the negative from your file.Not only can you get a Bankruptcy Legally Removed from your credit report but you can also get Foreclosures, Default Judgments, Tax Liens, Repos, collections etc...all removed. All negatives no matter how bad, how many or how recent ... they all can be removed legally!

I'm not sure what this question means by "bankruptcy status." Assuming it means whether your credit report has correctly listed your bankruptcy, or correctly listed the debts on your credit report as "discharged in bankruptcy," then under the new law each person is entitled to one free copy of their credit report per year, so one can request a copy from one of the three credit reporting companies and check if the bankruptcy is correctly listed and if all of the debts listed in the bankruptcy say "Discharged in bankruptcy" on the credit report. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Not sure what your asking, but you can always take your file number to the bankruptcy clerk and ask her to see your file. At least you can see the complete names and addresses of your creditors, dates of notifications, and order of actions taken in your case, first hand. - you can always call your attorney since you paid them to represent you, the trustee in charge of your case, or the bankruptcy court.

If a debt was listed on a Bankruptcy that you filed and the Bankruptcy went through then that debt is permanently discharged with a Chapter 7.

Yes it is. The presumption of bankruptcy is that all of the bills that were owed will be discharged at the time. If for a reason the bill that wasnt listed came up it can still be discharged by the court. Your attorney can file an addendum for this with the court after wards.

Assuming that you properly listed the debt in your bankruptcy, the creditor should report the balance owed as zero and it should also correct your credit report to show that the debt was discharged in bankruptcy. You should send a certified, return receipt letter (keep a copy) to the credit card company and enclose a copy of your discharge. Demand that they correct this entry on your credit report. If they fail to do so, contact a local bankruptcy attorney for further assistance. Failing to correct a credit report can be a violation of the discharge order and the bankruptcy court could order the creditor to pay you damages if they fail to correct the error. You should also write a dispute to the three credit reporters: Experian, TransUnion and Equifax, and have them insert it in your report, i.e. "This debt was discharged in bankruptcy on _____ (date)."

Bankruptcy removalUnfortunately, there is no way to have a bankruptcy removed from your credit report before the statute of limitations has expired. For Chapters 7, 11, and 13, this is 10 years from the date filed. Unless, of course, you can prove that the bankruptcy is not yours (For example: When I first applied for a credit card at age 19, I learned I had a bankruptcy on my credit report from when I was 15. It was my father's, and I was able to successfully have it removed). The bureaus will not make exceptions. One thing you CAN do it to make sure the status on your bankruptcy is correct - many times the bankruptcy status remains unknown, even years after it has been discharged or dismissed, and just because one bureau has correct status information does not mean the other will.More Information:If your timing is right then yes there is a way to have a bankruptcy removed from your credit file in as short of time as 3 years. Lets say you file chapter 7. Two years and a month after the date of discharge you dispute with the credit agencys the chapter 7 listed on your file. The credit agency will initiate an inquiry with the bankruptcy court to determine if their records are correct. Bankruptcy courts only maintain files for two years before they are recorded on microfiche. There is a good chance the court will not respond due to the archiving of the your file and therefore the agency will be unable to verify and be forced to drop the bankruptcy from your file. But you didnt hear it from me.

Any debt listed (or should have been listed) in your bankruptcy can be reported as discharged for the ten years the bankruptcy can be reported. Since a student loan cannot be discharged without proving a hardship (the difficulty of which varies from state to state and even court to court), the default can probably be reported as long as it remains unpaid.

That depends on HOW they notated the account. If they marked it as 'included in bankruptcy', even if you did not list them on your creditor matrix, you probably will not succeed in disputing it, but you can try.

If it was discharged, then you don't owe it anymore. However, you can't just assume that any particular debt was discharged by the bankruptcy, it has to be specifically listed. In particular, you probably cannot keep your house AND get your second mortgage discharged.

It should, but only for as long as the bankruptcy is active, and only so long as the debt is listed after the bankruptcy is discharged. More accurately, the garnishment must stop when the plantiff in the judgment has received notice that there is a bankruptcy.

My guess is that they probably can still list a repo on your credit report. Normally you get a double-hit on your credit report when you surrender property in bankruptcy: you get hit with the bankruptcy (which knocks your credit score down by 75 to 150 points) and you get hit with a repo/foreclosure for the surrendered property. Just because a debt is discharged in bankruptcy doesn't mean that it won't be listed on your credit report, it simply means the debt is no longer collectable. The credit report will continue to show the debt on your credit report and should list it as "discharged in bankruptcy." Similarly, if a person surrenders a home in bankruptcy, the foreclosure still goes on their credit, and if a person surrenders a car in their bankruptcy, it still shows up as a repo on the credit report. So, my guess is that a repossessed car, even one for which the debt was wiped out in bankruptcy and one that was not repossessed for some time after bankruptcy since voluntary payments were made for awhile, will still show on the credit report as a repo when it is ultimately repossessed. I can't say this is a definitive answer, but this is how I think the process works. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

Get a copy of all three credit reports. The addresses and/or phone numbers of all your creditors should be listed on the report. You should also include the addresses listed on your statements so that in case your credit report has an error your creditor will still get notice of your bankruptcy.

The judgment would have to be presented to the bankruptcy court. Wow! Who mentioned bankruptcy? This is a money judgment against a admin dissolved corp. If bankruptcy had been filed the judgment, if listed, would be discharged and worthless.

If you are listed on the account and she files bankruptcy, you are liable for the amounts on the cards. You may be able to get a portion discharged in the bankruptcy. Speak with an attorney in your area. If you're listed exclusively as an "authorized user," then you may be okay. If you are listed as a "co-debtor," then you're probably going to get stuck with the debt. One would probably have to contact the credit card issuer to determine their status. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

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