GM FINANCIAL - SHOWING INCLUDED IN MY DISMISSED BK? SHOULD I DISPUTE?

[Redo77]

I have a dismissed Chapte 7 from 1/2019, BK was started 5/18, I filed for divorce 9/18 (after the trustee found out he had been hiding money from all of us !) and had the Chapter 7 dismissed without prejudice in 1/19. 

GM Financial was included in, vehicle was turned in & nothing has been updated since 9/2018 & GM has not tried to contact me in collecting any balances. Should I try to have it removed from my report? Besides the BK & a small medical collection - it is the ONLY negative on my report. I want to dispute it as inaccurate, BUT I DO NOT want GM to start reporting it current past due & come after me for any balances.

Leave it alone?

Also - can I dispute dismissed BK's? The Chapter 7 was bc of ex's debt & I filed Chap 13 right after divorce at the suggestion of a crooked attorney to save the house the kids and I lived in. Loan was in ex's name & I didnt know he wasnt paying until the sherriff sale papers showed up. Attorney just wanted my money & the judge & the trustee helped me file the dismissal myself so the attorney wouldnt get any money from my payments. I have all of this on consumer statements on my reports.

[despritfreya]

"[I filed 2 bankruptcies.] [C]an I dispute dismissed BK's [and get them removed from my CR]?

Yes but they should not be removed.  There are no do-overs.  You filed 2 bankruptcies therefore it is proper for 2 filings to be reflected on your CR. The act of filing is what matters. It does not matter what the outcome of either case was. 

"GM Financial was included in [my 2 bankruptcy filings and since both cases were dismissed, the] vehicle was turned in & nothing has been updated since 9/2018. . . GM has not tried to contact me in collecting any balances. Should I try to have it removed from my report?"

I don't know if trying is "advisable" however, if you decide to try you need to remember that if the information that is being reported is accurate there is no requirement to remove it.

"I filed Chap 13 right after divorce at the suggestion of a crooked attorney. . . Attorney just wanted my money & the judge & the trustee helped me file the dismissal myself so the attorney wouldn't get any money from my payments."

Did you go after this attorney for malpractice?  Did you file a Bar Complaint?  If he was that bad, you should have at least filed a Bar Complaint in an effort to stop him from doing to others what he did to you.

I am sure others will chime in with suggestions.

Des.

[Redo77]

@despritfreya  thank you for your reply

I literally had the trustee, the judge and the whole their assistants helping me. In the end I sat down with the judge and I definitely had enough for a complaint. He said you need to decide what you want to do. We can file the complaint but they will draw it out as long as possible. If you were my daughter, I'd say get your money back and move on with making a life for you and those kids

of yours. He told me I was destined for great things. I decided to send documentation to the firm and let them know I knew what they had done and just move forward. 

[Redo77]

And the GM Financial loan is technically not on my credit report correctly as it was included in my Chapter 7, but not discharged. So it's inaccurate BUT I don't want it to come back to bite me, bc it's listed as a joint account. I think they can come after me for any balance or rereport it as a charge off or repo.  

[despritfreya]

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@Redo77 wrote:

I literally had the trustee, the judge and the whole their assistants helping me. In the end I sat down with the judge and I definitely had enough for a complaint. He said you need to decide what you want to do. We can file the complaint but they will draw it out as long as possible. If you were my daughter, I'd say get your money back and move on with making a life for you and those kids of yours. . .  decided to send documentation to the firm and let them know I knew what they had done and just move forward. 

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That makes perfect sense.  Sorry you went through such tough times. 

Des.

[Anonymous]

So it sounds like you may have a deficiency balance with GM Financial. If this is the case, I wouldn't draw attention to the account until after the statute of limitations prevents collection of this debt (whatever that is for your state). And while I'm not a lawyer, I don't believe the way this account is reported limits whether it can be collected or not. 

[Redo77]

@Anonymous that's what I'm thinking...if I draw attentiok

nto it it could be really bad.