QUESTION

What, if anything, can I do about removal of bankruptcies that were never completed?

Asked on Aug 18th, 2016 on Bankruptcy - Nevada
More details to this question:
I filed for bankruptcy back in August 2009 but it was too soon and case was dismissed. I reapplied in January 2010. However, finances changed for me and I did not go through with the bankruptcy. The second filing was also dismissed. My credit report shows me having 2 bankruptcies which is killing my chances to buy a house.
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4 ANSWERS

Landlord & Tenant Attorney serving Thibodaux, LA at The Louque Law Firm, L.L.C.
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The information is accurate and probably will not be removed by the credit reporting agencies until the time limit for reporting that information is completed. You are not entitled to have accurate, verifiable information removed from your credit report if the CRA does not want to remove it.
Answered on Sep 15th, 2016 at 7:04 AM

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Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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Credit reporting agencies are obligated to report accurate data in the credit reports. Since you filed the two bankruptcies, they are required to report them. However, your credit score will have largely recovered from an 8 year old and a 6 year old bankruptcy filing. The problem you have obtaining a mortgage is caused by more recent problems.
Answered on Sep 14th, 2016 at 12:05 PM

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The fact that you filed two bankruptcy petitions is an historical matter which ordinarily cannot be changed-unless you could show that you never filed them, or someone stole your identity or the filing was not your intent. You are entitled to add a brief statement to your credit report explaining anything on the report with which you disagree, or which you think needs further explanation. That is a very good privilege, which I suggest you use. You may be making a false assumption about being unable to obtain a mortgage, since a number of my clients with one or two completed bankruptcies in their history have obtained fairly large mortgages. You might have to pay a higher interest rate for two years or so. Also don't hesitate to sit down with a bank or lending-company officer to explain your situation. Sometimes they have authority to override existing policies. (Sadly: someone analysing your credit history might look at the two aborted bankruptcies and think that you are the kind of person who flees into bankruptcy to foil a creditor until you can move elsewhere, or just for delay. I'm not saying you are such a person, just that it could look that way.) Good Luck. I expect that if you keep trying you will find a lender.
Answered on Sep 13th, 2016 at 11:21 AM

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Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
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The way credit reporting works is that it reports that a bankruptcy was filed. You admit that you did file these bankruptcy cases. The fact that a bankruptcy was not completed, whatever the reason, is completely irrelevant to the report. Expecting to remove either of these truthful reports from your credit is unrealistic.
Answered on Sep 13th, 2016 at 11:20 AM

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