Just wanted to share my experience. I filed Ch.13 BK, but changed my mind after filing. I was able to borrow money from friends and family to get out of debt. So I never went through with the BK and ultimately it was dismissed. Well at the 7 year mark it fell off TU, I disputed as 'TOO OLD' on EX and it was removed. To my surprise when I disputed with EQ it was verified, and remained. I called EQ and was told that dismissed CH13 BKs remain on your CR for 10 years. Ouch!
Well I went on with my life, but the the BK was still looming on my EQ CR. My EQ score was dramatically lower than my others. I also was ready to by a home and the lender suggested I get the BK off of my report. So at year 8. I sent EQ a letter that said:
Equifax Information Services LLC
P.O. Box 740256
Atlanta, GA 30374
Re: Chapter 13 Bankruptcy
To Whom It May Concern:
I am disturbed that you continue to list the dismissed bankruptcy as confirmed within my credit file. Although it is your policy to keep reporting bankruptcies that are filed, dismissed or adjudicated for ten years, the Fair credit Reporting Act mentions nothing in Section 1681c relating to bankruptcy about dismissals or filings. The law clearly states from "date of adjudication" or date of "order of relief".
Any case, civil or otherwise, which is dismissed no longer exists in the eye of the law and a case filed may never have actually been adjudicated. Therefore, you have no right to maintain information which the government has deemed nonexistent.
Therefore, pursuant to Section 1681(a)(5) of the FCRA, you must delete this information from my credit report and send me an updated copy when this action is completed.
Considering that this does not require an investigation, I would appreciate your response within 14 calendar days from receipt of this letter.
In 30 days they said No go, it will remain for 10 years. So I filed a complaint with the BBB in Atlanta, GA
Case Description: Equifax refuses to remove 10 year old Chapter 13 dismissed bankruptcy from credit report
Desired Resolution: Delete Chapter 13 Public Record from my Equifax credit report
I filed this on 2/18/15 and I received a response today that states:
Thank you for your correspondence dated February 19, 2015, in which you requested that we investigate concerns about a consumer's Equifax credit file. Equifax has researched the issues, and after concluding its investigation, has found the following:
The disputed Dismissed Chapter 13 Bankruptcy XXXX has been deleted from the credit file.
XXXX XXXXX will receive results of investigation in mail within 5 to 7 business days from the date of this letter.
In order for us to maintain full compliance with the Fair Credit Reporting Act, Equifax has provided the consumer with the results of the investigation along with a full copy of their credit file. If there are any remaining concerns regarding the consumer's credit file, please feel free to contact us at the above address.
YAY for me! Off my record and on my way. Don't believe you have to live with a 10 year dismissed Ch.13 BK
Dismissed 13's DO stay on your report for 10 years... it's the discharged 13 that falls off after 7.
EQ was just a little late doing you the favor that EX and TU did. None were required by law to remove the public record after 7 years.
Congrats... moral of the story here is to not file BK and change your mind... because they won't remove the public record if you do.
@apeydee416 wrote:This is good to know. I have a dismissed 13 from 2013 on my credit because (long long story). We filed a Ch7 in 2009 and apparently we hve to wait 4 years from the previous discharge. My attorney filed 2 weeks too soon so we had to dismiss without prejudice and refile.
Nice huh? and yes, the same attorney represented both cases. So the dismissal will outlive both the 7 and the current 13 on my CRA.
Man that sucks... I would definitely be questioning my attorney's intelligence.
It's unfortunate but you are right about the dismissal. I've seen multiple cases of people with dismissals getting TU and EX to remove after 7 years and all of them have said EQ was stubborn. This thread is the first one I've seen with a removal before 10 years from EQ.
Some people are like "I filed and it was dismissed, why is it still on my report?!?!?!" and that's because once you file the damage is done. They definitely don't do charity removals of the public record just because you didn't follow through with the Ch 13 plan.
Good luck.
If the dismissal was voluntary EX & TU will drop them at 7 years, it cannot have been dismissed for failing to follow court rules. EQ will most likely hold them the full 10 year period.
@gdale6 wrote:If the dismissal was voluntary EX & TU will drop them at 7 years, it cannot have been dismissed for failing to follow court rules. EQ will most likely hold them the full 10 year period.
Ahhh... didn't think about it that way but makes perfect sense.
