Serious Bk13 Question

[tdhssbn]

I filed for BK13 in April 2002. I sold my house and had the BK13 DISMISSED, not discharged in May 2004. If the BK13 was dismissed, can it be legally removed from my credit reports?

[mjohns54]

I had a BK13 in 6/2000 that I never paid on. I decided to withdraw and not go through with it yet it showed up as Dismissed and I just now have gotten it removed from my EX and EQ CR's. TU won't take it off until 7/07. Unfortunately I am unaware of a way to have it removed besides biding your time. I do know that it has messed up my fico's for quite some time and buying a car with a Dismissed BK is harder than buying a car with a Discharged BK.

[tdhssbn]

It was dismissed because I sold my house and there was no need to continue making the payments. My attorney filed the paperwork to have it dismissed since there was no longer anything to pay on.

[LadynRed]

Unfortunately, dismissing the bankruptcy doesn't remove it from your credit reports. A DISMISSED Ch 13 stays on your reports for 10 years, whereas a DISCHARGED Ch 13 is typically removed at the 7 year mark.

[tdhssbn]

LadyinRed, I filed my BK13 in March of 2002 to save a house. I subsequently sold the house the following year so my attorney said their is nothing to make payments on. He filed the motion on my behalf to have the BK13 dismissed because there was nothing to pay. How can this be a case where it hurts me more then a discharge. My credit reports list it as dismissed and the two reports it shows on, EX and EQ both display that it will continue to March of 2009 which is the 7 year point. If you have more pertinent data, please provide.

[tdhssbn]

I have been speaking with some people over at CreditBoards.com and they indicate success having a DISMISSED BK13 removed using the following letter, referencing FCRA

I am disturbed that you continue to list the dismissed bankruptcy as confirmed within my credit file. Although I realize it is your policy to keep reporting bankruptcies that are filed, dismissed or adjudicated for seven to ten years, the Fair Credit Reporting Act mentions nothing in Section 1681c relating to bankruptcy about dismissals or filings. The law clearly states from "date of adjudication" or date of "order of relief".

Any case, civil or otherwise, which is dismissed, no longer exists in the eye of the law and a case filed may never have actually been adjudicated. Therefore, you have no right to maintain information which the government has deemed nonexistent.

Therefore, pursuant to Section 1681(a) (5) of the FCRA, you must delete this information from my credit report and send me an updated copy when this action is completed.

Considering that this does not require an investigation, I would appreciate your response within 14 calendar days from receipt of this letter.

[LadynRed]

Good luck with that one. The FACT that you filed bankruptcy at all is ACCURATE information. Dismissed in the case of bankruptcy is NOT the same as 'never existing' as it *might* be in other court cases. You requested bankruptcy protection from the BK court, you went thru the process and started making payments therefore it DID exist and THAT is what is being reported -- and can continue to be reported for 10 years. It was 'adjudicated' - the court's decision was to dismiss the case regardless of whether or not it was voluntary. Even ignoring that, the case WAS FILED (date of 'order for relief').

The FCRA says that cases filed under Title 11 (bankruptcy) can be reported for 10 years. The CRA's are the ones removing Ch 13's after 7, but it's also typcial to leave DISMISSED cases - meaning you failed to complete the plan - for the proscribed 10 year period.

The assertions in that letter are just incorrect.

Oh, and ANYTHING they do regarding your dispute DOES require a 'reinvestigation'.

[tdhssbn]

I am going to try it and see what happens. 3 of 7 people I have talked with have said it has worked for them with Equifax but not Experian. I do appreciate your insight though. It certainly can't hurt to try.