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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Can a Chapter 13 Bankruptcy Case be Vacated

    A person in Florida who was having serious financial problems filed a Chapter 13 bankruptcy case, but didn't follow up with any of the financial statements or plans and the case was dismissed. The bankruptcy filing is on the person's credit report. The credit reporting agency says that the person might be able to have the bankruptcy court vacate the bankruptcy case, so that it drops off of the credit report. The clerk at the bankruptcy court says that it is not possible to vacate the filing. The bankruptcy filing is causing serious harm to the person's credit score. Can they get the case vacated?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can a Chapter 13 Bankruptcy Case be Vacated

    The bankruptcy court clerk is correct. There is no provision in the bankruptcy code that would allow the case to be vacated. The person will have to accept that their filing is a matter of public record, and deal with the credit consequences. They can do a lot to rebuild their credit, even without having their case vacated.

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