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BK Chapter 7 question

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DaBears
Senior Contributor

Re: BK Chapter 7 question

It will show everything within the BK itself. You would need to contact a lawyer in regards to suing your ex. CRA's have 30 days to investigate a tradeline.

Message 11 of 25
monieleazenby
Established Member

Re: BK Chapter 7 question

I hope it drops off. When we divorced I was in California and he was in Texas who knows what he did. Sad part is we didn't own any assets together, all our bills were in his name so I have no idea how any judge would've granted that BK when he had no proof of joint assets. We were together for three weeks. I guess I got the short end of the stick on that one. I'm just scared what the report will come back as. Clearly they had my SS# or it wouldn't have even shown up on my CR. Only time will tell. Do you know what type of questions the CB will ask of the court?

 

 

Hopefully it goes well


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Message 12 of 25
DaBears
Senior Contributor

Re: BK Chapter 7 question

Courts DO NOT communicate with the CRA's= Credit Reporting Agencies. The CRA's get the info from Public Records 3rd party, ie Lexis Nexis. You would need to call the BK court house and talk to them as to how your ex filed BK without your knowledge and signed your name to the paper work. It is possible to sue your ex. 

Message 13 of 25
monieleazenby
Established Member

Re: BK Chapter 7 question

I talked to an attorney a little bit ago, he said that even if we were married for a minute that my ex-husband didn't need my consent. Nice law right, however he informed me that since we had no assets as my ex-husband had everything was in his name not mine that I need to get a copy of the judgment see if my signature is on it, which it is not, then I can submit that into the CB to have it removed. How odd the attorney stated that after two or three years a BK doesn't affect your credit score or your ability to obtain a line of credit or loans. I personally can say he is wrong. All this time I couldn't get any type of credit not even a cell phone, it was because of the BK. I even applied for a mortgage loan and was denied because of it, I applied for student loan consolidation denied yesterday because of it. I'm relieved that I pulled my credit report because now I have found out what is really going on. I will try to obtain the judgment and then send it into the CB the lawyer said if they won't remove it then they would step in and request that they do, because we had nothing jointly together. We had an apartment there was no reason to file for BK he did that out of spite.

 

Now that 3rd party you mentioned I can see they won't fully check into the BK in terms to see if I actually filed and if my signature was on any documentation. This tells me that the BK is going to remain on my CB until I move forward with obtaining the file myself and push they remove it by proving I did not in fact file. Wish me luck another bump in the road but I will overcome this too. Remain positive until the end. We all can do this no matter how bad it looks.

 

Monie

 

 


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Message 14 of 25
Scupra
Super Contributor

Re: BK Chapter 7 question

Unfortunatley I don't think it is JUST the BK getting you denied like you claim. I would sit down and go through your reprts line by line and clean up. I am shocked that when you applied for a mortgage the first question wasn't about the BK on your reports.

Filed BK7: 7/2012 (start score EQ 560 / TU 529) Discharge 10/2012
801 EQ FICO 06/2022
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Message 15 of 25
monieleazenby
Established Member

Re: BK Chapter 7 question

They did mention it I applied last week. I found it on my credit a few days prior and thought I would take take a chance for a home anyways since it states its 11/2004.

 

The loan processor informed me I would have to wait to get the home until the BK is off. I explained and it did no good. But I still have a few things on my credit to fix nonetheless. I have the time. I am just not happy about the BK and the BK played a huge factor with regards to obtaining a mortgage loan.

 

Monie


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Message 16 of 25
ptilda
Established Contributor

Re: BK Chapter 7 question

It depends on the state. In Oklahoma, my (then) husband stole my checks & went on vacay with his new gf. He then got her apt by signing my name as co-signer & got cars in my name. Never knew about them until the garnishment. Nothing I could do, because we hadn't legally separated. 

My Wallet:Fidelity Amex $1K, DCU $3.9K, US Bank AeroMexico $300, Quicksilver $1.3K, Cap1 secured MC $750, DiscoverIT $200, Care Credit $5K, Sportsman Guide Visa $3K, Kay $3K, Jared $3K,American Airlines CC $3K, Amazon $2.9k, Walmart $2.2k, Macy's $800 revolving/$5k furniture, Comenity retail cards $5.55kStarting Score: 618Current Score: 711
Message 17 of 25
monieleazenby
Established Member

Re: BK Chapter 7 question

I did divorce that man in 2004 the pacer emailed me back and said they would track it down for me and get back to me. The sad part of it is, due to me not checking my CR it's nearing the fall off date in Nov 2014, I could've done something about this a long time ago. I'm glad I found it, if I ever go through another divorce I will show up for court as it can hurt you in the long run at the end. If I can I am going to try to sue him, I'm not really the kind to do such a thing, but in this case I think it is well deserved.

 

Monie


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Message 18 of 25
Scupra
Super Contributor

Re: BK Chapter 7 question


@monieleazenby wrote:

They did mention it I applied last week. I found it on my credit a few days prior and thought I would take take a chance for a home anyways since it states its 11/2004.

 

The loan processor informed me I would have to wait to get the home until the BK is off. I explained and it did no good. But I still have a few things on my credit to fix nonetheless. I have the time. I am just not happy about the BK and the BK played a huge factor with regards to obtaining a mortgage loan.

 

Monie


This is just a little confusing though, and your situation and what happened sucks so I am sorry. You can qualify for an FHA 2 years after discharge, so make sure the mortgage lender you are dealing with isn't just using the reported BK as an easy cop out to shoe you away..

Filed BK7: 7/2012 (start score EQ 560 / TU 529) Discharge 10/2012
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797 TU FICO 04/2022
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Message 19 of 25
guiness56
Epic Contributor

Re: BK Chapter 7 question

It really depends on the state you live in and whether it is community or common property.  In a common property state, the non filing spouses CR should not be affected by the BK for jointly owned debt.  There should be nothing about a BK on your CR, you would just become liable for the joint debt by yourself.  If it does happen to show up fight to get it removed.

 

If it is a community property state, only debt acquired after the marriage would be affected and would show on your report.

 

If any of the debts were jointly owned you were supposed to be notified of any meetings.

Message 20 of 25
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