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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14511
Experience:  15 years exp all aspects of general law
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I need a dispute letter to remove my bankruptcy from my credit

Resolved Question:

I need a dispute letter to remove my bankruptcy from my credit angency as it has been over 7 years and they are showing multiple filings with differant numbers that are screwups from the courts and I believe consolodated
Submitted: 3 years ago.
Category: Legal
Expert:  Legalease replied 3 years ago.

Hello.

 

The number of years that a bankruptcy can be reported on your credit report depends upon the type of bankruptcy filing you made and whether the case was completed or dismissed. Can you tell me whether you filed a CH 7 or a CH 13 bankruptcy and whether or not the bankruptcy was completed or dismissed?

 

 

-- Mary

Customer: replied 3 years ago.

Hello,

 

 

Bankruptcy information as it appears on my credit report...

 

AS REPORTED BY: Experian

-----------------------------------------------------------

Type: Chapter 7 Bankruptcy

Status: Discharged

Date Filed/Reported: 07/25/2003

How Filed: Joint

Reference #: (NNN) NNN-NNNNGC

Closing Date: 11/13/2003

Court: US BKPT CT AZ PHOENIX

Liability: $0

Exempt Amount:

Asset Amount: $0

 

Type: Chapter 7 Bankruptcy

Status: Discharged

Date Filed/Reported: 04/21/2003

How Filed: Undesignated

Reference #: 200300006634

Closing Date: 07/22/2004

Court: US BKPT CT AZ PHOENIX

Liability: $0

Exempt Amount:

Asset Amount: $0

 

Type: Chapter 7 Bankruptcy

Status: Discharged

Date Filed/Reported: 06/24/2002

How Filed: Undesignated

Reference #: 200200009705

Closing Date: 10/21/2002

Court: US BKPT CT AZ PHOENIX

Liability: $0

Exempt Amount:

Asset Amount: $0

 

Customer: replied 3 years ago.
Can I just get a letter that disputes these and put the ball in the bankruptcy's court who will probably not answer in time either way and it will get removed
Expert:  Legalease replied 3 years ago.
Hello again.

 

A Chapter 7 bankruptcy that was discharged will remain on your credit report for 10 years from the date of the filing of the bankruptcy. A Chapter 13 bankruptcy filing remains on your credit report for 7 years from the date of the filing of the bankruptcy (because a debtor pays back a portion of the debts in the CH 13 bankruptcy over a period of 5 years, the bankruptcy is removed from the credit report 2 years after the last payment is made by the debtor in the CH 13 bankruptcy case). A Ch 13 bankruptcy that is dismissed (the debtor does not complete the payment plan set up by the courts) will remain on the credit report for 10 years. Many people make this mistake -- but it appears that your bankruptcy does not have to be removed from your credit reporting for 10 years from the date of filing. You should determine from the court when the date of filing of the case was (not the date of discharge) and at the 10 year mark to that filing date, if the credit reporting agencies have not removed the references to the CH 7 bankruptcy filing at that time. Here is a link to an internet article on the subject:

http://www.ehow.com/how-does_5290072_long-bankruptcy-stay-credit-report.html

There are a lot of articles on the internet about this issue -- you just need to do a search for "bankruptcy credit report how long" and you will come up with several legal articles and several articles from different "money" magazines regarding this subject.

 

--Mary

 

 

GOOD LUCK

 

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THANK YOU

Customer: replied 3 years ago.

Hello,

 

 

I'm sorry I was gone for so long and I just got back.

 

Alright I have read your responce and it looks like I can subscribe to this service for a small monthly fee?

 

 

I beleive the charge for today is $43 ???? right

 

 

and I have no problem with paying you that,

 

What I'm asking for is a letter with the exact legal section that I can cut and paste into a dispute letter and send it in along with the argument that the filings from the bankruptsy court numbers are also incorrect and in accurate as the court somehow created additional cases that were really all just one number.

 

I started with a 13 and went to a 7

Expert:  Legalease replied 3 years ago.

Hello again.

 

I do not have anything to do with what the charges are but it appears that this Q&A session with me is $43 and then if you want to subscribe you have to contact customer service to set that up for you.

 

I think you might have the wrong idea of what we do -- We do not write letters or documents for customers -- we can give you some suggestions on how to write a letter or a court filing or review something that you have written, but it is against site rules for us to actually write the documents and it comes too close to your actually wanting to use this service as your lawyer in your state and we cannot do that or give that appearance.

 

I think that you have your calculations wrong -- if you started with a CH 13 and went to a CH 7, that means that the time period for you to wait before the references will be cleared from your credit is 10 years here in your case. If you note what I told you above -- a CH 13 that is dismissed stays on your credit for 10 years and a CH 7 stays on your credit for 10 years -- and your CH 13 had to be dismissed and turned into a CH 7 -- so you fall under the 10 year time span -- not the 7 year time span. The only time it would be a 7 year period is if you started with a CH 13 and finished with a Ch 13 -- meaning that you completed the full five year repayment plan -- only then would your time period be a 7 year time period.

 

When the 10 year period gets close for you to have these references removed from your credit you should get a copy of your original filing an discharge from the bankruptcy court (you can actually get copies of these things from the bankruptcy court). You then attach them to a letter to the credit reporting agency and in the letter you simply tell them that your CH 13 bankruptcy was filed on XXXXX date and due to the passage of 10 years you are entitled to have the references removed from your credit at this time. The credit reporting agencies are very familiar with the rules and you do not need to start citing federal statutory sections from the bankruptcy code at them -- in fact, the reason why these references are still appearing on your credit reports is because the credit reporting agencies know the bankruptcy laws so well and you have not passed the required period to have that items removed from your credit reports.

 

--Mary

 

If you have not pressed ACCEPT can you please do so at this time. The money you have deposited stays with Just Answer unless you press ACCEPT below to trigger them to pay me for my time in reviewing, researching and answering your questions this evening. Pressing ACCEPT will not cost you any additional monies -- it simply tells Just Answer to pay me for my time.

 

THANK YOU

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14511
Experience: 15 years exp all aspects of general law
Legalease and 10 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

I will hit the pay button either way but I would like you to help with a letter as I had originally and I had already researched and found the info that you posted but I must say that your info about it being from the date filed not the date discharged was very good, thats why your the lawyer and I'm not.

 

I will be back at 9 am and see if you are back to. It is worth more to me than the $43 and I will gladly sign up or pay more (as your time is valuable) if you can come up with a letter that will require the proper reseach by the court and if it doesnt get a responce back from them quick enough it will all get removed anyway. I can tell you that they screwed up my record pretty good and I doubt they can figure out how to fix it as I'm not going to reopen it and let them amend thier mistakes

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