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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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after a bankruptcy denial, what is reflected on my credit report.pleas

Customer Question

after a bankruptcy denial, what is reflected on my credit report.
please be specific.
for instance the home was not included in the BK.
the house was sold and the balance paid. it does no reflect on my credit report.
i called GMAC and they said too bad thats how they repor it that is was included in the BK.
should it not say paid?

the rest of the creditors that were listed were busines related and are not reportiong anything on my report.
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Ely replied 1 year ago.
Hello, my name is Ely. I am here to help you. There may be a slight delay between your follow ups and my replies as I type out a reply. Please note: (1) this is general information only, not legal advice; and (2) my function is to give you honest information and not to tell you what you necessarily wish to hear.

I am sorry for your situation. When you state bankruptcy denial, do you mean that the bankruptcy was not approved, or simply that the home was not included in the bankruptcy?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. I look forward to helping you.

Customer: replied 1 year ago.


ely,


1. the bk was denied.


2. im trying to get my credit report corrected.


3. GMAC the home was originally not included in the filing.


4. GMAC does not show the the loan as paid on report


5. the credit report still says included in chapter 7 BK

Expert:  Ely replied 1 year ago.
Ah, thank you, XXXXX XXXXX understand: you are trying to correct the matter and show that the home was sold in short sale (or something else) and amount paid, and was not included in a BK, but GMAC is reporting it to the bureaus otherwise, correct?
Customer: replied 1 year ago.


the home was sold by trustee not a short sale.


my ex wife got half of the equity the trustee the other.


 


i kept paying the mortgage.


 


I stopped paying the mortgage once i recieved a notice to vacate.


 


the home sold.


 


I called gmac and wrote several letters to them showing the Bk was denied. the lady said it doesnt matter and that they will report it as BKand closed not paid since my BK attorney never filed a re afrimation


with the court.


 


i dumped my bk attorney early on in the process for misguidance in the entire process.


 


what responsility does gmac have in reporting to credit agencies?


also waht does it mean to me that that BK was denied?


 


there was one attorney who moved to deny all other creditors are not pursuing me.

Customer: replied 1 year ago.


what is the responsability of GMAC to report that the mortgage was paid?


 


the lady a GMAC said they will not change it.


what is there responsibility to report.


 


I also have more specific questions about BK law are you a BK attorney?

Expert:  Ely replied 1 year ago.
Thank you, friend. I am not a BK attorney. I will opt out and move this to the Bankruptcy Category so you can get proper help.

Your JA Account has not been charged for this conversation and your question is back in the queue. You do not have to stay online for the question to be active. Should an expert pick it up, you should be alerted via email and/or SMS unless you actively disable these features.

There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other experts' access to it.

My apologies for any inconvenience and Good Luck.
Expert:  cfortunato replied 1 year ago.

Hi - my name is XXXXX XXXXX X'X a Bankruptcy and Consumer Protection attorney here to assist you.

 

1) Briefly, what was the reason that your Bankruptcy was dismissed?

2) Has your Bankruptcy case already been closed? (Case dismissal and case closing are 2 separate events.)

Customer: replied 1 year ago.


I did not cooperate.


 


it says dismissed not closed?


what are the ramifications


 

Expert:  cfortunato replied 1 year ago.

Thank you for your response.

 

Until your case is closed, your creditors - including GMAC - are not allowed to report anything beyond the fact that you filed a Bankruptcy.

This is so, even though you did not include GMAC in your Bankruptcy filing, if you did not sign a re-affirmation agreement with GMAC (which would not be valid if you did, because of the case dismissal).

Once your case is closed, then GMAC can report that the mortgage was paid, because your case will be closed without a discharge.

 

I think this is what you wanted to know. If not, please let me know.

Thank you.

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