topic Re: BK Chapter 7 question in Rebuilding Your Credit

BK Chapter 7 question

Anonymous — Wed, 04 Dec 2013 14:43:29 GMT

Is there any way to have a BK Chapter 7 removed early mine is due to drop on Nov 2014. I never filed for BK my ex-husband did that on his own, we were married he went to war then we separated so really I was with him for 3 weeks and moved back to California. I didn't even know it was legal someone could file a BK without your signature requesting it. Can someone advise me if this would be grounds to remove it this year. Also it is a Discharged not sure the term or what it means please advise. Thank you all for all your help in the matter. Also the terms used here I am not familiar too so please let me know who I have to write into for my request. Thank you all for all the feedback.

Monie

Re: BK Chapter 7 question

DaBears — Wed, 04 Dec 2013 15:05:09 GMT

@Anonymous wrote:
Is there any way to have a BK Chapter 7 removed early mine is due to drop on Nov 2014. I never filed for BK my ex-husband did that on his own, we were married he went to war then we separated so really I was with him for 3 weeks and moved back to California. I didn't even know it was legal someone could file a BK without your signature requesting it. Can someone advise me if this would be grounds to remove it this year. Also it is a Discharged not sure the term or what it means please advise. Thank you all for all your help in the matter. Also the terms used here I am not familiar too so please let me know who I have to write into for my request. Thank you all for all the feedback.

Monie

You never went in front of a BK judge and signed all paper work? Discharged means you are cleared from all debt that was owed. It can never be collected on as it has been wiped.

Re: BK Chapter 7 question

ezdriver — Wed, 04 Dec 2013 18:31:43 GMT

If your name was included on the filing papers, you would have had to attend at least one meeting with thwe bankruptcy trustee ... not necessarily the bankruptcy judge. If it is scheduled to drop off your credit report in 2014, that would mean that it occured in 2002. Do you remember attending such a meeting?

Also, you would have received all trustee notices in the mail addressed to you. Do you remember seeing mail like that?

When did you first notice it repoting on your credit report?

Things don't add up. Something is missing.

Re: BK Chapter 7 question

Anonymous — Wed, 04 Dec 2013 22:26:20 GMT

I never received anything in the mail, nor have I ever sat in front of anyone agreeing to a BK, there was not one conversation with me present nor through email, nor through phone call. I just checked my credit report about two days ago. I ran from my bad credit for so long and never thought to request a CR. Today I called the CB to dispute this BK, I was married to a man in the army. I met him three weeks later we married, I was in TX we broke up over the phone shortly after the fact and I moved back to Cali. I did get served divorce papers but to my knowledge I do not recall any type of BK being included in the divorce.

I never asked for a BK never even checked into it so I am disputing it with the CB. Sadly had I been smart enough to pull my own CR I would've caught this in advance. If this BK is related to me after the CB investigate what would be my options at the point. I should've been involved in something like that how can anyone get a BK without being present or involved in it. I don't even think a power of attorney from the Army could allow my ex-husband such authority to claim a BK on my behalf. I was the one who had one on him not vise versa. Please advise me so if this doesn't work through the CB I can continue to fight this. The CB said to me they won't request my signature on anything from the court it was judge in. Thank you

Monie

Re: BK Chapter 7 question

starry1 — Wed, 04 Dec 2013 23:36:05 GMT

Get yourself a Pacer account and pulled up the record of the bk. Check the Petition and see how he filed and if your signature was forged.

Re: BK Chapter 7 question

Anonymous — Thu, 05 Dec 2013 11:41:01 GMT

What is a pacer account? can you provide me with the website thank you

Re: BK Chapter 7 question

DaBears — Thu, 05 Dec 2013 12:29:21 GMT

http://www.pacer.gov/

Re: BK Chapter 7 question

Anonymous — Thu, 05 Dec 2013 12:59:15 GMT

I don't know what the case number is will I find that on my credit report? I wasn't involved in the process of the BK so I have no idea what to look for when searching for the BK record. Also they ask you to pay I would if I know I can find the case I have no problem with that. I guess you can say I'm stuck because I am not knowledgeable of any case number or how to even find this BK in the pacer system please advise thank you

Kind Regards

Monie

Re: BK Chapter 7 question

DaBears — Thu, 05 Dec 2013 13:02:18 GMT

You can search by social security number also. I have had pacer for 1 yr now and I never paid to look at filings

Re: BK Chapter 7 question

Anonymous — Thu, 05 Dec 2013 13:25:44 GMT

I registered and it said I had to wait a week by mail to receive the log in and pass word. Wow this is going to take some patience's. So from your experience you can locate the filing through this site of the BK with SS#? Will it show signatures on this file and should I contact a lawyer to go after my ex-husband who has done this to me? I would think this would be illegal to do without my consent.

It's no wonder this whole time every time I've applied for credit that I was denied. I thought it was just due to my medical bills, come to find out this BK is the reason for it not happy about that one bit. I want to sue the person who has done this to me. Yesterday I contacted the CB to dispute it what do I need to expect from this? Can I get an answer sooner than the 30 days? I'm not sure what the process is because I've never disputed anything with the CB. Thank you again for all of your help in this matter.

Monie

Re: BK Chapter 7 question

DaBears — Thu, 05 Dec 2013 13:56:02 GMT

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.

Re: BK Chapter 7 question

Anonymous — Thu, 05 Dec 2013 14:07:30 GMT

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

Re: BK Chapter 7 question

DaBears — Thu, 05 Dec 2013 15:00:55 GMT

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.

Re: BK Chapter 7 question

Anonymous — Thu, 05 Dec 2013 15:16:07 GMT

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

Re: BK Chapter 7 question

Scupra — Thu, 05 Dec 2013 16:42:57 GMT

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.

Re: BK Chapter 7 question

Anonymous — Thu, 05 Dec 2013 16:57:23 GMT

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

Re: BK Chapter 7 question

Anonymous — Thu, 05 Dec 2013 17:04:27 GMT

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.

Re: BK Chapter 7 question

Anonymous — Thu, 05 Dec 2013 17:12:20 GMT

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

Re: BK Chapter 7 question

Scupra — Thu, 05 Dec 2013 17:43:56 GMT

@Anonymous 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..

Re: BK Chapter 7 question

Anonymous — Thu, 05 Dec 2013 17:52:12 GMT

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.