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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 15852
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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Hello, I cannot find anyone who can answer this question.

Customer Question

Hello,
I cannot find anyone who can answer this question. My ex-husband and I filed for a Chapter 13 bankruptcy. At the 341 hearing the judge denied confirmation. Due to personal circumstances I chose to dismiss the case before the plan was ever confirmed. I have paid back most of my creditors in full. On my credit report it appears that I was granted a Chapter 13 bankruptcy despite the fact that it was dismissed before it was confirmed. Is this correct? I am being punished as if I had been granted a Chapter 13 plan.
Sincere Thanks!
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.
if the case is dismissed it will not appear on your credit report as dismissed, what you need to do is get a copy of the dismissal letter, and send it the the credit bureaus so they can change the information, the fact you filed the chapter 13 will be on the report.
Follow these 10 steps to file your dispute:

equifax online dispute
http://www.equifax.com/online-credit-dispute/

1. Send a letter to the credit bureau. Be very specific about your dispute. Send the letter "certified mail, return receipt requested."

2. Mark your calendar for 30 days. When you get the return receipt, mark your calendar 30 days from the date the credit bureau signed for your letter.

3. Send a demand letter. If the credit bureau does not verify the disputed item within 30 days, send the credit bureau a letter asking to remove the item from your credit report. Tell the credit bureau that it has exceeded the 30-day investigation period. Include a copy of your original dispute letter and a copy of the return receipt.

4. Mark your calendar for 15 days. Give the credit bureau time to respond to your demand letter.

5. Send a second demand letter. If the credit bureau fails to respond, send another demand letter. Say that 45 days have passed since you filed your original dispute and demand that the disputed item be removed from your credit report. Include copies of the original dispute letter, return receipt and first demand letter.

6. File your dispute directly with the original creditor. The Fair Credit Reporting Act requires the creditor to verify disputed information within 30 days. Ask for written proof, including account statements, of the negative information. Ask the creditor to remove the item from your credit report if it cannot verify the information.

7. Mark your calendar for 30 days. (See step 2.)

8. Send a demand letter to the original creditor. (See step 3.)

9. Add a 100-word statement to your credit file. If a disputed item is verified and the negative information remains on your credit report, you can add a 100-word statement explaining the item.

10. Seek legal advice. You have the right to sue a credit bureau or creditor that violates the Fair Credit Reporting Act. Filing a lawsuit is time consuming and expensive, so it should be a last resort.

Follow these helpful tips for filing a dispute:

Put everything in writing.
Dispute each item in a separate letter.
Always include your name, address and Social Security number for verification.
Send all letters certified mail, return receipt requested.
Make copies for your files.
Be persistent. Several demand letters may be necessary.
Credit bureaus are required to show disputed items as "Disputed" on your credit report.
Always provide enough information for the credit bureau to conduct its investigation. A credit bureau may terminate an investigation if a dispute is frivolous or irrelevant.
Once negative items are removed, you can request the credit bureau to send correction notices to anyone who has received your credit report in the past six months (two years for employment purposes).
Here's what to dispute first:

Incorrect personal information. Include a copy of your driver's license, LES statement, or phone bill to correct this information.
Incorrect or obsolete public record information (i.e., bankruptcies or judgments). Send a copy of your discharge papers or canceled checks to show that the information should no longer be reported.
Accounts that are not yours or accounts that have been paid, closed or discharged in bankruptcy.
Incorrect or outdated negative statements or late payment information.
Credit inquiries more than two years old.
Don't ignore mistakes, thinking that they will be automatically removed. It is up to you to dispute incorrect or outdated information. Following these suggestions will help ensure that your credit report dispute is handled properly and that your credit report remains error-free.
Customer: replied 5 years ago.

Hi,

I am more than willing to pay you for this advice and even up my deposit if need be. Could you please give me a little more information? My brother is a class action attorney who is trying to help me with this, however he doesn't have the know how to do it.

Again, right now on my credit report it says Chapter 13 Bankruptcy- dismissed

How will it be noted differently on my credit report?

How will it look different to potential lenders?

Will it raise my credit score?

It has been on my credit for 4 years so I don't know where to obtain a copy of the dismissal letter.

I spent all day calling to ask someone if I could pay them to answer these questions. No one wanted to help me out.

Expert:  WALLSTREETESQ replied 5 years ago.
FIRST YOU NEED TO GET YOUR COURT FILE AND THE DISMISSAL ORDER FROM THE COURT, EITHER GO TO THE BANKRUPTCY COURT OR REGISTER FOR PACER

http://pacer.psc.uscourts.gov/ THIS WILL LET YOU GET IT.

THE DISMISSAL ON YOUR REPORT IS NOT THE ISSUE THE FILING OF A BANKRUPTCY IS WHAT HURTS, ALSO THE FACT IT WAS DISMISSED DOESN'T HELP, AS YOUR CREDITORS DO NOT HAVE YOUR INFORMATION THAT YOU PAID THE CREDITORS OFF, IT SHOULD HAVE BEEN WITHDRAWN, NO DISMISSED BY YOUR ATTORNEY.

THE BEST WAY TO IMPROVE YOUR RECORD IS TO PAY ON TIME, AND NOTIFY THE BUREAUS OF THE DISMISSAL, ALSO CONTACT A CREDIT REPAIR COMPANY THEY COULD HEL ALSO

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