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Bankruptcy help

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Anonymous
Not applicable

Bankruptcy help

In 2009 I started the process of filing for bankruptcy. 

 

I went to one court date, and had another one set, I believe it was to bring all my documents and start the process of bankruptcy, but I never went and never went through with it. 

 

How long is this Bankruptcy: Dismissed CH-7 going to stay on my credit?

 

Since I never actually went through with the bankruptcy, it still has to stay on the credit?

 

Any facts or advice or info you can give is greatly appreciated. 

Message 1 of 11
10 REPLIES 10
Anonymous
Not applicable

Re: Bankruptcy help

You filed, so as far as the credit reports goes, it is real. Even though it was dismissed instead of discharged, it will remain on your CR for 10 years from the date. I have 2 Ch13s that I wasn't able to complete that were dismissed. Even though a discharged Ch13 will only show for 7 years, the dismissed ones will be there for the full 10.

 

I believe this is accurate. Anyone else have a comment?

Message 2 of 11
KnowMoreGrowMore
Regular Contributor

Re: Bankruptcy help


@Anonymous wrote:

In 2009 I started the process of filing for bankruptcy. 

 

I went to one court date, and had another one set, I believe it was to bring all my documents and start the process of bankruptcy, but I never went and never went through with it. 

 

How long is this Bankruptcy: Dismissed CH-7 going to stay on my credit?

 

Since I never actually went through with the bankruptcy, it still has to stay on the credit?

 

Any facts or advice or info you can give is greatly appreciated. 


First, have you pulled all 3 CRAs (TU, EQ & EX) to see if showing? 

 

If showing on reports, a BK CH7 can last up to 10 years on a CRA from the date of filing.

 

Did you pay an attorney to file? Or did you do it yourself? I can't imagine a lawyer filing it without you paying for it. Which makes me believe that if you didn't authorize it, you shouldn't have a BK reporting. There are some protections afforded under a BK7, which is why it costs.  

 

If you did pay the necessary fees to file and it was correctly filed, check your CRAs to see if all accounts declared under the BK are reporting correctly. Like, I said, there are some protections afforded for filing one. These accounts should be shown as "included in BK" or something similar. But since you started it in 2009 (and assuming it's filed), your accounts are probably at the ripe age to drop or will drop this year. Smiley Happy 

 

Not an expert by far, but have gone through BK myself. However, I'm sure there are folks here who can chime in. I do hope this helps! 

 


FICO 08 TU: 722 EX: 724 EQ: 728 May 2018
INQs: TU:1 EX:0 EQ:1
Message 3 of 11
KnowMoreGrowMore
Regular Contributor

Re: Bankruptcy help

I think what Cruznmore says makes a lot of sense. I didn't think you could even get that far without committing to some form of compensation, but I guess you did kickstart it, as it sounds like it's real!

 

One thing for sure 10 years is the going rate. Smiley Sad


FICO 08 TU: 722 EX: 724 EQ: 728 May 2018
INQs: TU:1 EX:0 EQ:1
Message 4 of 11
6speed8
Regular Contributor

Re: Bankruptcy help


@Anonymous wrote:

You filed, so as far as the credit reports goes, it is real. Even though it was dismissed instead of discharged, it will remain on your CR for 10 years from the date. I have 2 Ch13s that I wasn't able to complete that were dismissed. Even though a discharged Ch13 will only show for 7 years, the dismissed ones will be there for the full 10.

 

I believe this is accurate. Anyone else have a comment?


Agreed. I did the same in 2007. Filed Ch7 but never followed through because I got back to work. It's still on my reports through May 2017 - the 10 year mark.

CH 7 Discharged 6/10/15
T/U - 643
EQ - 588
Ex - 647 as of 6/14/15
Message 5 of 11
Anonymous
Not applicable

Re: Bankruptcy help

First, have you pulled all 3 CRAs (TU, EQ & EX) to see if showing? – yes they are showing on each.

 

If showing on reports, a BK CH7 can last up to 10 years on a CRA from the date of filing.   =(

 

Did you pay an attorney to file? Or did you do it yourself? I can't imagine a lawyer filing it without you paying for it. Which makes me believe that if you didn't authorize it, you shouldn't have a BK reporting. There are some protections afforded under a BK7, which is why it costs.  -   As embarrassing as this sounds. I do not remember if I hired an attorney. I think that the court appointed an attorney to me after I went to my first hearing? I remember going and sitting by myself and waiting to be called.

 

If you did pay the necessary fees to file and it was correctly filed, check your CRAs to see if all accounts declared under the BK are reporting correctly. – how would I do this? a letter?

 

Like, I said, there are some protections afforded for filing one. These accounts should be shown as "included in BK" or something similar. But since you started it in 2009 (and assuming it's filed), your accounts are probably at the ripe age to drop or will drop this year.  - Most accounts have dropped off from that time back in 2009. The only one that still shows are the positive ones. The negative ones were never shown as “included in BK” because I never added any of my accounts to any kind of bankruptcy plan.

 

Not an expert by far, but have gone through BK myself. However, I'm sure there are folks here who can chime in. I do hope this helps!   - thank you so much for your info.

 

 ________________

 

How much will it help my credit score , getting these BK’s off my report?

Message 6 of 11
KnowMoreGrowMore
Regular Contributor

Re: Bankruptcy help


@Anonymous wrote:

First, have you pulled all 3 CRAs (TU, EQ & EX) to see if showing? – yes they are showing on each.

 

If showing on reports, a BK CH7 can last up to 10 years on a CRA from the date of filing.   =(

 

Did you pay an attorney to file? Or did you do it yourself? I can't imagine a lawyer filing it without you paying for it. Which makes me believe that if you didn't authorize it, you shouldn't have a BK reporting. There are some protections afforded under a BK7, which is why it costs.  -   As embarrassing as this sounds. I do not remember if I hired an attorney. I think that the court appointed an attorney to me after I went to my first hearing? I remember going and sitting by myself and waiting to be called.

 

If you did pay the necessary fees to file and it was correctly filed, check your CRAs to see if all accounts declared under the BK are reporting correctly. – how would I do this? a letter?

 

Like, I said, there are some protections afforded for filing one. These accounts should be shown as "included in BK" or something similar. But since you started it in 2009 (and assuming it's filed), your accounts are probably at the ripe age to drop or will drop this year.  - Most accounts have dropped off from that time back in 2009. The only one that still shows are the positive ones. The negative ones were never shown as “included in BK” because I never added any of my accounts to any kind of bankruptcy plan.

 

Not an expert by far, but have gone through BK myself. However, I'm sure there are folks here who can chime in. I do hope this helps!   - thank you so much for your info.

 

 ________________

 

How much will it help my credit score , getting these BK’s off my report?


The good news is that most of the accounts have died off (can only remain 7 years) and you have served the majority (about 70% or 7 years) of your BK7 sentence (10 year mark on your records). Smiley Happy

 

If you were watching your reports over that period, you would have witnessed the first impact of the BK7 hitting your reports, probably pretty hard. Would've probably seen a heavy score drop. But as time moved forward, the impact would gradually lessen (the benefits of 'time'). If you had some open accounts that stayed positive, they were also making their own impact, in a positive way.

 

How your BK drop will affect your scores/reports is as unique as the accounts in your reports (good or bad). Everybody has a different mix, so what happens to someone else, may or may not work the same for you.

 

For instance, my BK just dropped 4 days ago from my TU account. I requested an early drop; was scheduled to drop April 2016. Since the drop, I haven't seen any change in myFICO score yet. Didn't move 1 point, up or down.

 

It seemed as the BK aged, it didn't carry as much weight. It hung around, but didn't seem to be screaming, "LOOK AT ME, I'M THE STAR OF THE SHOW!"  I imagine, probably much of the same for you (YMMV). By comparison, my EQ score right now is about 10 pts higher. Now mind you, the BK was never present on my EQ account for the 10 year period. I guess I got lucky. Didn't even know until the 8th year when I started rebuiding.

 

My EXP has always been more similiar to EQ or even higher (at least 5 pts) and it had the BK listed. EQ did contain a baddie, not listed on the other reports ($5K charge-off that I couldn't dispute because it was in BK, but EQ didn't recognize the BK...catch 22). The point is EQ & EXP were about the same. Haven't requested the BK drop early from EXP. Online option was not available; going for snail mail. 

 

I say all of this to say, time is needed here, like with most things on this forum. Keep plugging away at keeping the positives positive (paying on time and such).

 

Finally, I'll say, Cap1 has been good to me in my BK, as has Barclay and others in my siggy. In my 9th year into BK I got instantly approved for Venture card with $10K limit. Upped it to $15K after 4 months or so. This is why I say, the BK is no longer the star of the show. Yes, it remained, but as a less interesting character.

 

Best wishes!


FICO 08 TU: 722 EX: 724 EQ: 728 May 2018
INQs: TU:1 EX:0 EQ:1
Message 7 of 11
Anonymous
Not applicable

Re: Bankruptcy help

thank you for the detailed repsonse.

 

i have just started working on my credit in dec of 2015.

 

- score as of 3/3 - 

experian - 633

transunion 628

equifax 670 

 

 

- score on 12/22 - 

experian = 585
transunion = 590
equifax = 632

 

---

 

i have had some success

 

currently i have car loan for 12k. once i opened that new credit account in nov, i started working on my credit.. it is at a really high APR so i am loking to refi.

 

since the car loan i have got a

 

$250 j crew card

$250 express card

$300 cap 1 platinum

$300cap 1 quicksilver

 

do you think i can apply and get barcalys? what else do you suggest i do at this point?

 

 

thanks,

 

 

 

 

Message 8 of 11
KnowMoreGrowMore
Regular Contributor

Re: Bankruptcy help

How long have you had the cards?

Your situation sounds similar to mine, except I had one cc before apping for Barclay, but probably longer.

Got a car loan for about the same amount, but thru my CU (13.5k@ 7.9%) in Jul 2014. Approved for Barclay Rewards in Sept w/sl $1300. I was well pleased!!

Prior, only had Credit One account w/$600 cl (helped me rebuild; sl was $300) and wanted to get rid of it, which I did. Think I had it for 9 mos before Barclay. Scores weren't as good as yours, more like 600-610. So you may have a good chance w/Barclay. I didn't think I'd get it and did!

You may want to wait a few months if you haven't had much payment history, but YMMV. But do continue gardening your other CCs and take it slow. Good luck!!

FICO 08 TU: 722 EX: 724 EQ: 728 May 2018
INQs: TU:1 EX:0 EQ:1
Message 9 of 11
Anonymous
Not applicable

Re: Bankruptcy help

How long have you had the cards?  - i have had the cards less then 1 month. 

Your situation sounds similar to mine, except I had one cc before apping for Barclay, but probably longer.

Got a car loan for about the same amount, but thru my CU (13.5k@ 7.9%) in Jul 2014. Approved for Barclay Rewards in Sept w/sl $1300. I was well pleased!!

Prior, only had Credit One account w/$600 cl (helped me rebuild; sl was $300) and wanted to get rid of it, which I did. Think I had it for 9 mos before Barclay. Scores weren't as good as yours, more like 600-610. So you may have a good chance w/Barclay. I didn't think I'd get it and did!   - interesting,   maybe i hsould post in the credit card forum about barycals and ask some questions? 

You may want to wait a few months if you haven't had much payment history, but YMMV. But do continue gardening your other CCs and take it slow. Good luck!!  -  whats YMMV mean?

 

 

thank you so much for you response. i admire you signatue.   i wouldlove to be able to get a high balance CC so i can consolidate and pay off all my old debts,

and also my girls. so we can start to work on buying a home 

 
Message 10 of 11
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