Livonia, MI asked in Bankruptcy for Michigan

Q: Wondering about the legal process for removing a dismissed chapter 13 that was never meant to be filed?

Last year I was my wages started getting garnished- immediately after getting back to work after a layoff. My plant kept sending us home because of reported COVID cases so we looked into a bankruptcy attorney to stop drowning in case it got any worse.

My plant was talking about another layoff and there was rumors that the US Dept of Ed would be stopping AWGs so it looked like it might not be necessary, but we had the paperwork prepared with them in case it didn’t work out.

Luckily everything played out the way we hoped and we chose not to go through with it, but then we get a letter from the court about a chapter 13, we call law office and they say “no problem, just disregard and it will be dismissed “ so I think nothing of it.

Little did I know that still shows up and heavily affects my credit. I’ve sent letters to credit bureaus, does anyone know the process of when paperwork is filed in mistake?

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2 Lawyer Answers
Trent Harris
Trent Harris
Answered
  • Bankruptcy Lawyer
  • Jackson, MI
  • Licensed in Michigan

A: You cannot remove the fact that you filed a chapter 13 bankruptcy from your credit report. You filed the chapter 13 - it happened, it's a fact. You can't "unring the bell" and change the facts at this point.

A credit reporting agency has no obligation to remove or change correct information that appears on your credit report. Only false or misleading information can be removed. But since your chapter 13 case is negative information on your credit report, it will come off your report after 7 years per the Fair Credit Reporting Act.

Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You cannot have it removed.

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