Chapter 7 Deleted...Then Returned!

[kafer79]

(Long time reader of this forum; first post.)

Success story...sort of.

Two months ago, in an incredulous stroke of luck, I was able to successfully request removal of a Dismissed Ch-7 from Experian and Equifax (TU refused). Today I pulled my monthly credit report and it's being reported again by Experian.

Here's the details:
I filed a joint Ch-7 in 2006 that was ultimately dismissed for "Abuse" because we did not pass the Means Test. Our attorney (a non-bankruptcy attorney) incorrectly completed the Form B22-A (Means Test Determination) and advised we qualified for a Ch-7, when in fact we did not. The attorney also advised against converting to a Ch-13 following the US Trustee's Determination of Abuse because he was convinced we qualified for the Ch-7.

Fast forward...we fired the attorney after the dismissal, hired a qualified bankruptcy attorney, successfully filed a Ch-13, and sued the first attorney for Malpractice (case still open). However, I now have two bankruptcies filed within months of each other on my credit report. Obviously the dismissed Ch-7 will remain on my credit report for ten years and is the stain I was hoping to remove.

I simply wrote a letter to each of the CRAs using a template I found in this forum asking them to consider that, "...the Fair Credit Reporting Act does not require all accounts be reported--only that an account that is reported be reported accurately. Therefore, a Credit Reporting Agency has legal discretion to remove any account it chooses from the credit report."
I attached copies of the US Trustee's Determination of Abuse, the Ch-7Dismissal, and a copy of the Malpractice Law Suit against the first (inept) attorney. Two of the three CRAs (Experian and Equifax) deleted the Ch-7, but now it has reappeared in the Experian report.

I'm not going to reattack this issue with Experian but was curious what mechanism triggered the reposting back to my credit report. Is there a routine or automated update of Public Record data to the Bureaus?