Yes. You must ask the Bankruptcy Judge to do so. The easiest way is getting the Trustee to agree as well and then submit it to the Judge.
It is dismissed when the terms of the bankruptcy have not been met. Creditors are no longer barred from seeking repayment. A complete one is called confirmed, in a dismissal everything returns to the way it was before filing.
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.
No. Filing a bankruptcy creates a public record that does not go away because you did not complete the bankruptcy. - once you file and get a case number you have filed for bankruptcy. if you didn't follow through and it got dismissed is regardless. you still filed for bankruptcy and it will still be on your credit report.
Bankruptcy does not stop garnishment, it only delays it while the bankruptcy stay is in place. If the bankruptcy does not forgive the debt, once the bankruptcy is discharged or dismissed, the lender is likely to reinstate garnishment.The only way to stop garnishment is to pay the balance owed, OR list the debt as part of the bankruptcy and successfully discharge it.
You no longer have the protection of the Court or the BK laws, and creditors may oursue collection every legal way.
No. If it is not covered by the allowed bankruptcy exemptions then it is subject to seizure and sale or liquidation. The filer always has the option to have the bankruptcy dismissed,
A dismissed bankruptcy cannot be discharged. Once a BK is dismissed it is no longer valid and creditors may resume collection action and/or repossession of property. The petitioner of the dismissed BK must wait the required amount of time before filing a new bankruptcy petition.
Really, the only way to have it removed is to dispute it with the credit bureau reporting it. The credit bureau will then contact the creditor for verification. If the creditor can't verify the account, it must be removed immediately. If the creditor can verify the account, your choices are limited to disputing it again and/or just waiting for 10 years for the account to come off of your report.
A bankruptcy, even a dismissed bankruptcy, will lower your credit score 75 to 150 points. There's really no way to raise it other than by paying your bills when due, and time. 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. Visit RossLawOffice.com for more information about bankruptcy.
Filing is NOT something you do for your spouses benefit. I'm not sure why you would think you did. Filing is not needed, nor normally a benefit in any way for someone, certainly both parties, going through a divorce would do. In fact, a divorce can frequently really resolve the finances without BK. "Getting your name off", is a what do you mean. If you are bankrupt, your name is on it. You can virtually always have your case dismissed voluntarily Married couples do NOT have to both file. Get a lawyer to assist you today. In both the BK and the Divorce.
Possibly. If there were no creditors complaining, (Motion for Relief from stay) then you should have no problems. Note though that you may have issues getting the first bankruptcy dismissed. Also, you may be better off letting the bankruptcy continue as a joint peition just to save the headache of refiling. Debts are discharged either way.
The only way to remove a bankruptcy from your credit report is to dispute it to the credit bureaus. The credit bureaus have 30 days under the Fair Credit Reporting Act, to verify your bankruptcy withe the court that filed it or it must be removed from your credit report.