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"Bankruptcy Dismissed" Remark

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pizza1
Community Leader
Super Contributor

Re: "Bankruptcy Dismissed" Remark


@CJIII1983 wrote:

How in the world you filled bankruptcy and not go though with it?


@CJIII1983 , OP stated that at the time they filed, they had every intention of going thru with it, but then shortly after filing another "option" became available for them. OP probably didnt know then, what they know now regarding BK's and reporting etc..

Message 11 of 16
CJIII1983
New Contributor

Re: "Bankruptcy Dismissed" Remark

Is this even legal?
Message 12 of 16
sarge12
Senior Contributor

Re: "Bankruptcy Dismissed" Remark


@Anonymous wrote:
I assure you we did not nor were we trying to do anything deceitful or fraudulent. At the time we thought that was to option we needed. We also are the ones the will continue to take the hit for that mistake, but now debt free and our scores will recover more over time. We made the mistake, so we will live with the remark.

I hope you were not taking my post to mean I thought you were doing something deceitful or fraudulant. I was just stating that a sizable percentage of people who had a BK dismissed, had it dismissed involuntarily. Since the remark will exist, it can at the very least require explanation. It is not because every case that is dismissed was due to that, it is because the potential lender does not know the reason it was dismissed.

TU fico08=812 07/16/23
EX fico08=809 07/16/23
EQ fico09=812 07/16/23
EX fico09=821 07/16/23
EQ fico bankcard08=832 07/16/23
TU Fico Bankcard 08=840 07/16/23
EQ NG1 fico=802 04/17/21
EQ Resilience index score=58 03/09/21
Unknown score from EX=784 used by Cap1 07/10/20
Message 13 of 16
sarge12
Senior Contributor

Re: "Bankruptcy Dismissed" Remark


@CJIII1983 wrote:
Is this even legal?

Certainly having the bankruptcy dismissed is legal, but doing so will remove the protections provided by filing and allow the creditors to sue and receive a judgement. The bankruptcy will also remain on credit reports, so from both a credit score and legal aspect, it is usually a very bad idea to do so. There might be some circumstances that it is better to have it dismissed, but I can't really see how.

TU fico08=812 07/16/23
EX fico08=809 07/16/23
EQ fico09=812 07/16/23
EX fico09=821 07/16/23
EQ fico bankcard08=832 07/16/23
TU Fico Bankcard 08=840 07/16/23
EQ NG1 fico=802 04/17/21
EQ Resilience index score=58 03/09/21
Unknown score from EX=784 used by Cap1 07/10/20
Message 14 of 16
Anonymous
Not applicable

Re: "Bankruptcy Dismissed" Remark

Speaking from experience there are plenty of circumstances were it is advantageous to have the bankruptcy dismissed.

 

But that was not the question they asked nor did they ask how to remove the bankruptcy from their credit reports.

 

@goodcreditforus your first  instincts in regards to the comments is correct. It’s a losing battle. What happens is your accounts are changed from “included in BK” to “dismissed”, then you decided to pay but there is no mechanism to change them to another status once you start to pay. Based on what the final arrangemen those accounts should be changed to paid as agreed, settled or however you left it with the creditor.

 

I also had dismissed notations and I disputed all the accounts. Now before someone else ask, I am not talking about the BK itself. That will remain on your report with the correct designation (Dimissed) until the allotted time.

The CRA being the model of consistency that they are, updated some (by changing the dismissed to paid as agreed) and 

deleted others even though I did not ask for them to be deleted. Which in the end hurt my score because some of the accounts were paid and never late.

 

The full report from annualcreditreport did have some accounts with a longer explanation that I felt was more accurate but as I said it a losing battle. The explanation said “the debtors BK was dismissed this account obligation remains intact”. Like I said you can dispute them as inaccurate, there is no harm since they are paid, and updated will not change that. But it’s a waste of time imho.

Message 15 of 16
webhopper
Moderator Emeritus

Re: "Bankruptcy Dismissed" Remark


@CJIII1983 wrote:
Is this even legal?

Yes, if you can find a way out, you can voluntarily dismiss your Chp 13 case at any time.   I kind of like mine because it keeps creditors from contacting me, and I just make one payment per month. 

FICO 9:
Filed Chapter 13 on 6/1/2017 after job loss. Discharged 6/1/2022.

Goal: Gardening!


Message 16 of 16
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