Bankruptcy Chapter 13 how to dispute?

[bullie4me]

I'd like to throw a question out regarding BK 13. How would you go about getting a BK 13 removed that was filied in 2003 but later dismissed due to lawyer misconduct and later sentenced to prison for fraud? The bankruptcy shows up on my CR and so does the foreclorure that the BK was suppose to save. What is the best way to dispute the BK and or the foreclosure for that matter?

[Trish]

Here is a letter that I found......it has worked for several people.

Date

CRA
CRA address

To Whom It May Concern:

I am disturbed that you continue to list the dismissed bankruptcy as confirmed within my credit file. Although it is your policy to keep reporting bankruptcies that are filed, dismissed or adjudicated for ten years, the Fair credit Reporting Act mentions nothing in Section 1681c relating to bankruptcy about dismissals or filings. The law clearly states from "date of adjudication" or date of "order of relief".

Any case, civil or otherwise, which is dismissed no longer exists in the eye of the law and a case filed may never have actually been adjudicated. Therefore, you have no right to maintain information which the government has deemed nonexistent.

Therefore, pursuant to Section 1681(a)(5) of the FCRA, you must delete this information from my credit report and send me an updated copy when this action is completed.

Considering that this does not require an investigation, I would appreciate your response within 14 calendar days from receipt of this letter.


Sincerely,

Signature
Name
Address
SSN
DOB




Have you tried disputing this at all? If not, you may either want to dispute first.....and then send this letter........OR you can just reword the first sentence (since it says you continue to confirm).

As far as the foreclosure........is it reporting correctly? If not, you should definitely dispute it depending on what is being reported.

[bullie4me]

No I have not disputed anything yet. I want to do it correctly the first time. The forclosure is partly correct some of the dates are wrong. Question about that date on first delinquency is 6/2002 will that reach SOL 6/2009? Can I have that removed in 2 months?

[jjgross]

Originally Posted by Trish

Here is a letter that I found......it has worked for several people.

Date

CRA
CRA address

To Whom It May Concern:

I am disturbed that you continue to list the dismissed bankruptcy as confirmed within my credit file. Although it is your policy to keep reporting bankruptcies that are filed, dismissed or adjudicated for ten years, the Fair credit Reporting Act mentions nothing in Section 1681c relating to bankruptcy about dismissals or filings. The law clearly states from "date of adjudication" or date of "order of relief".

Any case, civil or otherwise, which is dismissed no longer exists in the eye of the law and a case filed may never have actually been adjudicated. Therefore, you have no right to maintain information which the government has deemed nonexistent.

Therefore, pursuant to Section 1681(a)(5) of the FCRA, you must delete this information from my credit report and send me an updated copy when this action is completed.

Considering that this does not require an investigation, I would appreciate your response within 14 calendar days from receipt of this letter.


Sincerely,

Signature
Name
Address
SSN
DOB




Have you tried disputing this at all? If not, you may either want to dispute first.....and then send this letter........OR you can just reword the first sentence (since it says you continue to confirm).

As far as the foreclosure........is it reporting correctly? If not, you should definitely dispute it depending on what is being reported.

Trish the United States Supreme court has ruled that the bk code ensures that the debtor has a clean slate on credit.I don't the case it referred to but to me it seems by reporting the bk the debtor doesn't have a clean slate.I'm trying to find that case but I'm not having much luck.

[Trish]

Originally Posted by bullie4me

No I have not disputed anything yet. I want to do it correctly the first time. The forclosure is partly correct some of the dates are wrong. Question about that date on first delinquency is 6/2002 will that reach SOL 6/2009? Can I have that removed in 2 months?

Oh yes.....then you could even try disputing it now as obsolete. It's so close, they may go ahead and drop it.
If they don't then just give it another month and I bet it will drop the next time.