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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2822
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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Hello, I really need some help. Im trying to help my dad

Resolved Question:

Hello,
I really need some help. I'm trying to help my dad get a loan so he can expand his business. Here is the problem;
About a month ago he was considering filing bankruptcy in hopes that it would save his home that was in foreclosure. He went down and filed a chapter 13 bankruptcy case but then decided he didn't want to go through with it. He was told that he had two options, he could either dismiss the case himself and it would be like he never filed or he could just not turn in the paperwork that was do in 14 days and it would also be like he never filed. He decided to just not turn in the paperwork but we recently saw that his credit score is way down and there is a dismissed bankruptcy case on his credit report that is really going to hurt him from getting a loan. Is there anyway at all that we can get that changed from dismissed to discharged or get it off his credit report? Should we talk to the court and tell them that he meant to dismiss the case himself? Please help!
-Jessi
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 6 years ago.
Hi and thank you for your question.
True, your father's case would be dismissed for failure to file all necessary documents, or if he brought a voluntary motion to dismiss.
However, it is incorrect in saying that it would be as if the case never happened.
Once a case is filed, that is official, and cannot be undone. The fact that he filed will be on his credit report for the next 10 years. True, the case was dismissed, but that doesn't alter the fact that the case was filed.

To help, he can write a note to his credit file explaining what happened. This may help when he is trying to get future credit, if a creditor is willing to read it. But I'm sorry to say that the factual event of the case filing will stay on his credit for the next 10 years. I wish him the best of luck though. Thank you for the question, sorry I don't have a more positive answer.
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