Q: Can I get this removed from my credit report?
I filed bankruptcy in 2010 with my husband & they started the process, reported it to all of my credit cards and had all of the paperwork filled out. After we were about 3/4 way through the process my attorney informed me that my 7 year time frame wasn't up yet since my last bankruptcy. (He had earlier told me it was, but apparently I was still 4 months away from that time). Ended up that my husband continued on and had his discharged. Mine however was "dismissed".My problem is my credit report shows that I have a bankruptcy on my record in 2010. (Which I don't since it was never filed & discharged) How do I go about getting this taken care of & off of my credit report?
A:
You initially say that you filed bankruptcy and then later say that it was "never filed and discharged," so the situation is a bit unclear. If no bankruptcy case is filed, there is no public record and thus should be no credit reporting. Sometimes, when a spouse files and there are joint accounts, the bankruptcy appears on the other spouse's credit report. That should not occur, and should be disputed.
However, when a bankruptcy case is actually filed,it will appear as a public record on your credit report, even if the case is dismissed.
*David Levin is the Partner in charge of UpRight Law's consumer rights litigation department. UpRight Law is a national law firm with licensed attorneys providing bankruptcy and consumer legal services in all 50 states. He is licensed in Illinois, Ohio and West Virginia, as well as several United States District Courts. He has 22 years of litigation experience, the last 18 of which have been focused on consumer rights litigation. This response is for informational purposes only and is not intended to be legal advice. For legal advice, consult an attorney licensed in your state with the appropriate expertise.
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