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  1. #1
    Join Date
    Oct 2019
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    1

    Default Never Completed the Process but My Credit Report Now Shows Bankruptcy

    My question involves bankruptcy in the state of: California

    Back in 2013, my wife and I hired a Bankruptcy Attorney to assist in our filing for bankruptcy. We went ahead and pursued filing for Chapter 13. We had filled out paperwork and the attorney submitted them on our behalf. We got to the point of showing us what the proposed payment plan was and scheduled a meeting with the trustee and creditor(s). My wife and I had a deep discussion and we decided just work with our creditors on our own (quite frankly, we weren't happy with the attorney that we were working with and thought that the proposed payment plan wasn't really a good solution for us). We told our attorney that we were not going to go through with our Chapter 13 and that we will just resolve the debts on our own. The attorney just said OK and never told us anything else. Years later I happen to find out that the bankruptcy is now reflected on our credit report. Can someone tell me if it is being reflected because we had started the process and submitted paperwork already even though we never went through a payment plan? Can this be corrected or is it one of those things where the record is already there and we will just have to go through the 7 or 10 years that it takes until it disappears from my credit report?

  2. #2
    Join Date
    Jul 2018
    Posts
    1,666

    Default Re: Never Completed the Process but My Credit Report Now Shows Bankruptcy

    Quote Quoting CaliMOO
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    Years later I happen to find out that the bankruptcy is now reflected on our credit report. Can someone tell me if it is being reflected because we had started the process and submitted paperwork already even though we never went through a payment plan?
    No one who hasn't seen your credit report (or at least the particular entry) can intelligently tell you much of anything about this. It certainly wouldn't be surprising for a credit report to reflect that the subject filed for bankruptcy (regardless of how the case was resolved).


    Quote Quoting CaliMOO
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    Can this be corrected or is it one of those things where the record is already there and we will just have to go through the 7 or 10 years that it takes until it disappears from my credit report?
    I don't understand what you mean by "corrected." Only things that are in error can be corrected. Things that are accurate are not susceptible of being corrected, and you haven't described anything that isn't accurate. You did, in fact, file bankruptcy. That the case was apparently dismissed without a plan or discharged doesn't change that fact. Of course, if there is something inaccurate, you can request correction under the federal Fair Debt Collection Practices Act and the California Consumer Credit Reporting Agencies Act.

  3. #3
    Join Date
    Oct 2006
    Posts
    15,625

    Default Re: Never Completed the Process but My Credit Report Now Shows Bankruptcy

    Quote Quoting CaliMOO
    View Post
    My question involves bankruptcy in the state of: California

    Back in 2013, my wife and I hired a Bankruptcy Attorney to assist in our filing for bankruptcy. We went ahead and pursued filing for Chapter 13. We had filled out paperwork and the attorney submitted them on our behalf. We got to the point of showing us what the proposed payment plan was and scheduled a meeting with the trustee and creditor(s). My wife and I had a deep discussion and we decided just work with our creditors on our own (quite frankly, we weren't happy with the attorney that we were working with and thought that the proposed payment plan wasn't really a good solution for us). We told our attorney that we were not going to go through with our Chapter 13 and that we will just resolve the debts on our own. The attorney just said OK and never told us anything else. Years later I happen to find out that the bankruptcy is now reflected on our credit report. Can someone tell me if it is being reflected because we had started the process and submitted paperwork already even though we never went through a payment plan? Can this be corrected or is it one of those things where the record is already there and we will just have to go through the 7 or 10 years that it takes until it disappears from my credit report?
    You are already 6 years into things. It will drop off your record in just a few years.

  4. #4
    Join Date
    Oct 2014
    Posts
    7,417

    Default Re: Never Completed the Process but My Credit Report Now Shows Bankruptcy

    Quote Quoting CaliMOO
    View Post
    Can someone tell me if it is being reflected because we had started the process and submitted paperwork already even though we never went through a payment plan? Can this be corrected or is it one of those things where the record is already there and we will just have to go through the 7 or 10 years that it takes until it disappears from my credit report?
    It's the filing of the bankruptcy petition that triggers the notation of bankruptcy on your credit report. You did file the petition, so the credit entry is accurate and will stay there until 10 years from the date the petition was filed. However, after 6 years the effect of that on your credit is significantly less than it was when you first filed.

  5. #5
    Join Date
    Mar 2013
    Posts
    17,155

    Default Re: Never Completed the Process but My Credit Report Now Shows Bankruptcy

    Quote Quoting CaliMOO
    View Post
    Can someone tell me if it is being reflected because we had started the process and submitted paperwork already even though we never went through a payment plan?

    If "submitted the paperwork" means filed the petition with the court then, yes, there is a case file on record and that's why it appears on your credit report.

    Does your credit report show that the bankruptcy was dismissed? Or no?

    You can check the status of your bankruptcy at PACER.

    https://www.pacer.gov/

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