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New Member
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Registered: ‎02-12-2017
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Credit Reporting of Bankruptcy CH13

[ Edited ]

I filed for Bankruptcy CH13 just to delay foreclosure eviction on the home we lived.  I just needed more time to find another place.  I was not the borrower of the foreclosed mortgage, just occupant. For this reason, I have decided not to proceed with the case.  The case was dismissed and appears on my credit report, public record section.  Now each of my creditors are reporting to credit bureas that the credit card account were petitioned in a CH13 bankruptcy.  My question is, are these creditors have the rights to report on my credit history since the case was dismissed?  Do I have the right to dispute and have them removed the derogatory item? Please help. Thanks.

Member
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Registered: ‎01-12-2017
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Re: Credit Reporting of Bankruptcy CH13

It is illegal to file bankruptcy and intentionally leave off creditors.

A dismissed bankruptcy is worse for your credit than a Chapter 13 bankruptcy. It will stay on your credit as a public record for 7 years. Your creditors have every right to report that the cards were included in a Chapter 13, because whether or not you reported them, they are your creditors and you filed bankruptcy.

Bankruptcy does not allow you to pick and choose who you want to include.
Member
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Re: Credit Reporting of Bankruptcy CH13

That should say, a dismissed bankruptcy is worse than a discharged* bankruptcy.
Frequent Contributor
Posts: 470
Registered: ‎09-30-2016
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Re: Credit Reporting of Bankruptcy CH13


Rissaroo wrote:
It is illegal to file bankruptcy and intentionally leave off creditors.

A dismissed bankruptcy is worse for your credit than a Chapter 13 bankruptcy. It will stay on your credit as a public record for 7 years. Your creditors have every right to report that the cards were included in a Chapter 13, because whether or not you reported them, they are your creditors and you filed bankruptcy.

Bankruptcy does not allow you to pick and choose who you want to include.

This.  I don't even know how a legit attorney allowed this to happen.  And yes a dismissed BR is way worse than one you paid off in full and was discharged.


In second year post 13 DC (12-28-15)
Entered garden 05-19-2017 CLOSED ON MY NEW HOUSE 5/17/17!!!!

Current Scores FICO 8: 693/677/687 Updated: August 2, 2017
Goal: 730's across the board
Frequent Contributor
Posts: 477
Registered: ‎01-15-2009

Re: Credit Reporting of Bankruptcy CH13

A discharged chapter 13 comes off in 7 years. A dismissed chapter 13 remains for up to 10

You can't have your cake and eat it too. But you can dip your finger in the bowl and lick the icing!
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Re: Credit Reporting of Bankruptcy CH13

[ Edited ]

The bancruptcy court will allow applicants to submit all the financial documents required, including the list of creditors, within 14 days after filing the case. The deadline may also be extended, with the approval of the court. Before the deadline, the applicant can choose to submit the requirements and proceed with the case or withdraw the case.  The case  dismissed and this is what actually happened. After the case is dismissed, the case is closed and no further obligations. The situation is different when the case is discharged and all accounts are required to be discharged. But I believe it is best to get legal advice from lawyer.

Established Member
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Registered: ‎10-13-2016
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Re: Credit Reporting of Bankruptcy CH13

Absolutely correct about BK...you cant pick and choose.

 

If I were you I would immediately contact your attorney.

 

Only they can tell you what to do.  I guess I am not sure why you filed in the first place since 

you were never the borrower.  Not trying to sound like a parent, just don't want to see dig a hole you cant get out of.

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Re: Credit Reporting of Bankruptcy CH13


atst2000 wrote:

Absolutely correct about BK...you cant pick and choose.

 

If I were you I would immediately contact your attorney.

 

Only they can tell you what to do.  I guess I am not sure why you filed in the first place since 

you were never the borrower.  Not trying to sound like a parent, just don't want to see dig a hole you cant get out of.


From what I understand there was NO attorney.  They filed on their own.


In second year post 13 DC (12-28-15)
Entered garden 05-19-2017 CLOSED ON MY NEW HOUSE 5/17/17!!!!

Current Scores FICO 8: 693/677/687 Updated: August 2, 2017
Goal: 730's across the board

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