BK13 reporting

[eddiei]

Hi all,

My ex and I filed a CH13 BK back in 9/2007. I asked for it to be dismissed in 3/2008 because she wasn't getting with the program. We are both now remarried. This is only reporting to EQ as of now and dropped off EX and TU about 6 months ago. I disputed twice with EQ but it was validated both times.

I made some calls today and was told it will stay on for 10 years because it was dismissed. Has anyone ever heard that? I was under the impression it was 7 years for a BK13. I was told I am lucky it fell off the others and the court told me this information is submitted to the CRAs from the creditors. That is why it is listed as such on EQ.

Any ideas on what steps I can take to get this removed or am I stuck until 2017? How will this affect my ability to get a mortgage or a car lease?

[mynameainttracy]

They told you correct. A dismissed bk13 is 10 years.

I wouldn't worry about it too much. We are post BK13 discharge and have gotten both a new car and a mortgage.

[eddiei]

Thanks. I just hate having it on there. I guess I did get lucky that it's only listed on 1 of the 3.

[Anonymous]

There are numerous references on the internet that BK-7 reports for 10 years and BK-13 reports for 7 years. HOWEVER, the 7 year drop for Ch13 seems to be 'at the discretion' of the CRA's. If you read FCRA 605, it does not distinguish between the two types of BK, it simply refers to "cases under the Bankruptcy Act" being reportable for 'no longer than 10 years'.

The court clerk is incorrect, creditors do not report it, the CRA's hire companies that search public records for them.

You might try requesting an "MOV" from EQ....they don't like to give MOV's for public records (from what I have read) - even though FCRA requires them to disclose their Method of Verification. If they fail to provide an MOV thats an actionable violation for willful non-compliance.

I'm not sure what section of FCRA covers the MOV, but you can find the entire FCRA text here:
http://www.consumer.ftc.gov/sites/default/files/articles/pdf/pdf-0111-fair-credit-reporting-act.pdf

When you make an MOV request with them, be sure to reference the relevant FCRA section.