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Banruptcy removal


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  • 4 weeks later...

I put this on another thread around here somewhere but I have done this successfully already.

Request the county courthouse where you filed for bankruptcy for your records that you would like to review the bankruptcy. They have seven days to get your file out of records and put it in a holding room foryour viewing. They will keep your file in the holding room for 30 days and will allow a one time extension of 15 days. So all in all you can have your file pulled for 45 days total. Send your letters off to the CRA's once you have been notified your file is pulled. Chances are they wont be able to validate it within the 30 days alloted to them because the file wont be there. On the off chance that you get some over achiever that tracks down your file in the holding room, just wait a month and run it up the flag pole again.

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I put this on another thread around here somewhere but I have done this successfully already.

Request the county courthouse where you filed for bankruptcy for your records that you would like to review the bankruptcy. They have seven days to get your file out of records and put it in a holding room foryour viewing. They will keep your file in the holding room for 30 days and will allow a one time extension of 15 days. So all in all you can have your file pulled for 45 days total. Send your letters off to the CRA's once you have been notified your file is pulled. Chances are they wont be able to validate it within the 30 days alloted to them because the file wont be there. On the off chance that you get some over achiever that tracks down your file in the holding room, just wait a month and run it up the flag pole again.

very very good advice!

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  • 1 month later...

This worked for me with EQ, I first sent off a not mine and they came back and verified it. I next sent off a dispute which I disputed the filing date. About 35 days later I got a letter in the mail from EQ and my BK was gone, just like that. I was told that disputing the filing date is a good one to use, it worked for me. If by chance they do verify your filing date then like the other member said, you will then need to go into a procedural request which gives the CRA 15 days to respond from the time they get your letter.

Good luck..................................................

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This worked for me with EQ, I first sent off a not mine and they came back and verified it. I next sent off a dispute which I disputed the filing date. About 35 days later I got a letter in the mail from EQ and my BK was gone, just like that. I was told that disputing the filing date is a good one to use, it worked for me. If by chance they do verify your filing date then like the other member said, you will then need to go into a procedural request which gives the CRA 15 days to respond from the time they get your letter.

Good luck..................................................

But how would this look. You dispute the filing date, and it is correct. They verify and you request procedures, they don't comply, you file suit for the PR not being completed within time frame, and they bring up, error, but in fact here is his bankruptcy, here is the filing date, and here is his dispute that said it was wrong. Why did he lie then? Is he lying now? Just a thought. If I could find a way to get it removed, I will, but so far, covering my bases has been difficult.

Unless, they can't bring up the fact that your BK was truly filed on that day. I'm not sure. anybody else?

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Ive asked that question myself and here is what I was told. The fact of the matter is that the CRA did not comply with the FCRA and it's provisions. You are suing them for that and nothing more, at least in small claims. It clearly states what a CRA must do, period. I feel that you do have them on a violation in this case. If you have cuase to think that the filing date may or may not be correct but you are requesting the CRA to verify it, then they need to do just as the FCRA states or delete the trade line. I don't know but I am going to court with Experian in Dec for a very simaliar situation. I will let everyone know what happens with that one. Maybe other members have a better grasp of this then I do.

Thanks.............................

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CRDTNogood,

Ive asked that question myself and here is what I was told. The fact of the matter is that the CRA did not comply with the FCRA and it's provisions. You are suing them for that and nothing more, at least in small claims. It clearly states what a CRA must do, period. I feel that you do have them on a violation in this case. If you have cuase to think that the filing date may or may not be correct but you are requesting the CRA to verify it, then they need to do just as the FCRA states or delete the trade line. I don't know but I am going to court with Experian in Dec for a very simaliar situation. I will let everyone know what happens with that one. Maybe other members have a better grasp of this then I do.

Thanks.............................

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  • 1 month later...

Request the county courthouse where you filed for bankruptcy for your records that you would like to review the bankruptcy. They have seven days to get your file out of records and put it in a holding room foryour viewing. They will keep your file in the holding room for 30 days and will allow a one time extension of 15 days. So all in all you can have your file pulled for 45 days total. Send your letters off to the CRA's once you have been notified your file is pulled. Chances are they wont be able to validate it within the 30 days alloted to them because the file wont be there. On the off chance that you get some over achiever that tracks down your file in the holding room, just wait a month and run it up the flag pole again.

I tried this here in Denver county and it does not work, I asked if she could pull it and hold it, and she said, " it only takes 2 seconds to get it- come right in." So no "holding room" for my BK- Dang!

I'm just doing the filing date dispute then.

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