07-12-2012 02:10 AM
Hello. I need some help and advice on what to do about bankruptcies on my credit report that was dismissed/closed.
Back in 2007 I lost my job and was having trouble keeping up with all my bills and didn't really have the money to spend on a lawyer so I tried to file myself. Needless to say, I had NO idea what I was doing or even how to set anything up other that the initial filing! Because of this, I didn't do the 341 meeting(I believe that's what it is) or anything that followed. I was confused on the whole process so I let it go and the courts dismissed/ closed it. I continued to struggle, trying to keep up with the bills and again in 2008(twice) tried to again file on my own, this time getting some advice from people who had previously filed. I didn't take into account that these people also had a lawyer who helped them thru the process. Again, I was stumped in the process and let it go. The courts again dismissed/closed it. NOW, I have 3 bankruptcies sitting on my credit that didn't help me at all and didn't go past the filing process. I need some advice on what, if anything, I can do to petition the courts to have them removed. IS THERE ANYTHING THAT CAN BE DONE?????? This is really desperately affecting my credit and my lively hood!!!! All advice would be appreciated. Thanx..
07-12-2012 07:47 AM
I believe they will stay until 10 yrs on your report. They were court actions filed . I would definately contact a bkrptcy attorney to see if any way around them.
07-12-2012 08:07 AM
.... I had NO idea what I was doing..... I was confused on the whole process...I didn't take into account that these people also had a lawyer ..... Again, I was stumped in the process... I need some advice ...
Learn from your mistakes. You are in this pickle because you didn't spring for a lawyer. I understand the do-it-yourself mentality, I'm the same way. But this is one situation where anecdotal advice could dig you even deeper.
Find a bankruptcy/credit attorney, pay them for a couple hours to help you sort it out. Perhaps you could petition the courts to remove it? I don't know, but the lawyer does.
Worth the money, in my opinion.
07-26-2012 12:57 PM
I work in bankruptcy. The reason three bankruptcys show up on your credit is because you filed three seperate cases. Just because you did not attend any of the meetings, reply to any of the request for information, or notice does not mean the case was not active. ( The Trustee still had to go through the court process to dismiss or close your files. He/She also had to allow you the proper amount of time (Federal law) to respond to what ever notices that they sent out. You were protected on three seperate occasions from collection, foreclosure, judgments, and/or garnishments by filing a bankruptcy case so there are three seperate case numbers. The record has to reflect that to be in line with the law.
Good news, its should be only public record so the 10years does not apply. The bad news is, it's under public record on all three CR and all potentials can view it.
Sorry. this all the knowledge I have on this subject.
07-27-2012 07:07 AM
Hi. Thanks for your input. Yes, it is indeed on my credit report and it also says that it will remain on there for the 10 yr period. One of the bankruptcies was filed in 2007 and the other two were filled in 2008, a couple months apart. All three was dismissed within a week and I really didn't get to much of a protection because the calls continued after about a week or so. I lost my job in 2007 and was unemployed until 2009, a single mother I struggled to keep up. If I knew what I was doing the first time around (2007) I would have followed thru with the entire bankruptcy and the other two would have not been filed. I was just lost with the process and how to send info to creditors, and scheduling the meetings, etc etc. I WAS JUST LOST! Calling the courts for help DIDN'T help. It was a really bad time. My question is, can have them removed? How do I go about it? Do I contact the courts or a lawyer to start the process? Any input would be appreciated. Thanx.
07-29-2012 09:26 AM
No, you can't remove them.
You actually filed BK. You didn't follow through, but that doesn't mean that you didn't file.
The automatic protection comes when you file, but you have to follow through to get fully protected. If there were a way to get rid of the BK filing - most of us that have BK's would be doing it too.
BTW, the courts aren't there to help you file and manage your case. Thats the attorney's job. I know you filed pro se and didn't have an attorney, that's how you ended up in this boat with three filings.
By now you should be well past the impact of the BK. I filed in Sept 08 and was discharged in Jan 09 and the BK impact is still there but is much much less than it was for the first couple of years.
Are you looking to have the BK's removed to increase your score? If so, you might consider working with each individual creditor to get their tradeline off your report with a GW or PFD. Then get new credit. Those items alone will increase your score. Are your tradelines open or closed? Are the paid or in collections? This will make a bigger impact on your score than removing the BK's for now.
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