Bankruptcy and Credit Repair

Bankruptcy is a federal court process designed to help consumers and businesses eliminate their debts or repay them under the protection of the bankruptcy court. Bankruptcies can generally be described as “liquidations” or “reorganizations.”

Chapter 7 bankruptcy is the liquidation variety — property is sold (liquidated) to pay off as much of your debt as possible, while leaving you with enough property to make a fresh start. Chapter 13 is the most common type of “reorganization” bankruptcy for consumers — you repay your debts over three to five years.

Both kinds of bankruptcy have numerous rules — and exceptions to those rules — about what kinds of debts are covered, who can file, and what property you can and cannot keep. Bankruptcies, of any kind, stay on your credit report for 10 years. All decisions regarding bankruptcy should be considered very carefully and not taken lightly.

Liquidation (Chapter 7)

Liquidation bankruptcy is called Chapter 7, and it can be filed by individuals (a “consumer” Chapter 7 bankruptcy) or businesses (a “business” Chapter 7 bankruptcy). A Chapter 7 bankruptcy typically lasts three to six months.

In a liquidation bankruptcy, some of your property may be sold to pay down your debt. In return, most or all of your unsecured debts (that is, debts for which collateral has not been pledged) will be erased. You get to keep any property that is classified as “exempt” under the state or federal laws available to you (such as your clothes, car, and household furnishings). If you don’t own much, chances are that all of your property is exempt and you have what is known as a “no asset” case.

If you owe money on a secured debt (for example, a car loan, where the car is pledged as a guarantee of payment), you have a choice of allowing the creditor to repossess the property; continuing your payments on the property under the contract (if the lender agrees); or paying the creditor a lump sum amount equal to the current replacement value of the property. Some types of secured debts can be eliminated in Chapter 7 bankruptcy.

Not everyone can file for Chapter 7 bankruptcy. For example, if your disposable income is sufficient, after subtracting certain allowed expenses and monthly payments for certain debts (including child support and debts that secure property), to fund a Chapter 13 repayment plan, you won’t be allowed to use Chapter 7.

Bankruptcy doesn’t work on some kinds of debts. Though bankruptcy can eliminate many kinds of debts, such as credit card debt, medical bills, and unsecured loans, there are many types of debts, including child support and spousal support obligations and most tax debts that cannot be wiped out in bankruptcy.

Reorganization (Chapter 13)

Chapter 13 bankruptcy is also known as “wage earner” bankruptcy because, in order to file for Chapter 13, you must have a reliable source of income that you can use to repay some portion of your debt. And to qualify for Chapter 13, your secured debts must be less than $922,975 and your unsecured debts less than $307,675.

When you file for Chapter 13 bankruptcy you propose a repayment plan that details how you are going to pay back your debts over the next three to five years. The minimum amount you’ll have to repay depends on how much you earn, how much you owe, and how much your unsecured creditors would have received if you’d filed for Chapter 7.

If you have secured debts, Chapter 13 gives you an option to make up missed payments to avoid repossession or foreclosure. You can include these past due amounts in your repayment plan and make them up over time.

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Fix your credit in just 72 hours

Anyone whos tried to fix an error in a credit report knows that it can be a slow, tedious process. Yet some companies promise to fix credit mistakes in 72 hours or less.

And guess what? Its not a scam.

Rapid rescoring services are a legitimate and growing part of the credit industry. Usually offered by independent credit reporting agencies, these services are used by mortgage lenders or brokers who are trying to get better loan terms for their borrowers.

Removing errors can help boost a borrowers credit score in the midst of the lending process and get them a loan, or a better rate, than might have been possible otherwise.

Now, the bad news:

  • You cant use these services directly.
  • These services cant remove true negative entries or items that are in dispute.
  • You need proof that an error was made.
  • Results arent guaranteed.
  • Companies that offer rapid rescoring work with mortgage lenders and brokers, not with consumers. If youre being offered instant credit repair directly, its almost certainly a scam. Rapid rescoring cant help you erase the past or win your case if youre fighting with a creditor. Typically, this comes in the form of a letter from the creditor admitting the error — something along the lines of We acknowledge that the account we reported as 30 days past due was not in fact delinquent. Its best if you, as a consumer, already have such a letter in hand, although some rescoring services will contact the creditors for you and arrange to get proof. This delays the process, however. Removing the error may help your credit score, or it may not. Theres still too much thats unknown about how credit scoring works to predict with certainty how your score will react to the change.

Still, brokers who use the services say they typically get good results.

It has been an extremely useful tool when you run into credit challenges in the middle of trying to get home-loan financing for a client, said Ginny Ferguson, vice president of the National Association of Mortgage Brokers. Even when the rescoring takes longer than 72 hours — sometimes the process can take two weeks — its still a faster process than snail mail, Ferguson said.

A faster way to fix problems
Ferguson was among a group of NAMB members who began agitating in 1997 for a faster way to fix credit errors.

In the past, human beings made most lending decisions, which some say led to discrimination. But it also allowed loan officers to plead their borrowers cases, especially if there were special circumstances. Errors in a credit report — accounts that werent the borrowers, payments reported as late that were actually on time — might not sink a deal if the borrower had a sympathetic loan officer or underwriter.

In the days prior to the proliferation of credit scores, said 22-year mortgage veteran Dick Karth, vice president of product development for MortgageIT Inc. in New York, a good loan officer or a diligent underwriter oftentimes saved deals which might have been denied based on erroneous information.

Now most lending decisions are automated, using computers and credit scores — three-digit numbers used to judge your credit-worthiness. The opportunities to get special treatment have declined dramatically, brokers say, and errors are a more serious problem.

If someone elses bankruptcy is reported in your credit file, for instance, you can lose hundreds of points off your credit score — and your mortgage application likely would be rejected. Even minor errors can knock enough points off your score for the lender to turn you down or charge a higher interest rate.

Waiting for a mistake to be corrected through normal channels — by writing the credit bureau and waiting up to 30 days for an investigation — simply takes too long, brokers said. Home sales and refinancings can fall through in the time it takes to fix problems, and the crunch has gotten worse as interest rates have dropped and loan volumes spiked.

Sometimes problems in a credit report arent noticed until days — or even hours — before a loan is scheduled to close, said David Wolff, vice president for consumer relations at credit bureau TransUnion.

Ive seen it happen on the morning of the closing, Wolff said. Thats somewhat understandable, given the volumes of mortgage lending were seeing right now.

How it works
The rescorers — credit reporting agencies that act as middlemen between lenders and credit bureaus — have established relationships with the bureaus to speed through corrections, said Marty Flynn, president of Credit Communications, a San Ramon, Calif., company that offers rapid rescoring.

The loan officer or broker typically collects proof of the error from the borrower and passes it along to the rescorer. In some cases, the rescorer may contact a creditor directly to get a letter acknowledging the mistake.

The rescorers transmit the proof to the credit bureaus, which have created special departments to collect the information and verify it with the creditors. If the credit bureaus agree an error was made, they update the borrowers credit report to reflect the change, allowing for a new credit score to be calculated, said Christina Karpowitz, spokeswoman for credit bureau Experian.

For many credit-reporting agencies, the rapid rescoring services have become an important sideline to their other services, which include merging credit reports from all three bureaus into one easier-to-read report for brokers and loan officers. Credit Communications charges about $100 to correct one error at all three bureaus, Flynn said.

Do your own repairs
Still, even brokers who tout the services say consumers are better off not waiting to the last minute to fix any credit problems. If you dont have proof that youre right, rapid rescoring might not help you. And getting a loan can be harrowing enough without trying to hurriedly correct problems in the middle of the process.

Your best bet, they say, is to do as much credit repair yourself as possible before you begin shopping for any major loan.

Here are some steps to take:

  • Review your credit report.
  • Contact your creditors.
  • Keep good records.
  • Get a copy of your credit history from each of the three major bureaus and review for errors, outdated information and accounts that arent yours. The bureaus will provide information about how to dispute these items. If the bureaus say the creditors have verified information you think is incorrect, youll need to contact the creditors directly to argue your case. If you succeed in getting the creditor to remove the item from your credit report, make sure you get a letter from the creditor acknowledging the error. Hang on to all the paperwork thats generated by these disputes and investigations. You can present it to the credit bureau, or your loan officer, if the creditor continues to report the error.

These steps are in addition to the things you should be doing to protect and improve your credit score, regardless of whether you plan to apply for a loan soon. (For more on that topic, see my column “Beef up your credit score in 5 steps.”)

Liz Pulliam Weston’s column appears every Monday and Thursday, exclusively on MSN Money. She also answers reader questions in the Your Money message board.
Written By: Liz Pulliam Weston

Source: www.msn.com

Posted in Articles on Credit Build | 1 Comment

Credit Repair Do’s and Don’t’s

Do not use dispute forms or file numbers provided by the bureau. This will cause fewer delays by the credit bureau asking for clarification.

Do not allow anybody to send dispute letters. The credit bureau will think you hired a credit repair company or law firm to repair your credit. This doesn’t work as well as if you sent it personally.

Do not confirm any information on an item if any of it is wrong.

Do not use letterhead. This will look as though somebody is doing this for you.

Do dispute all the negative items in question on your report. Credit bureaus must verify by law all items in dispute.

Do send all letters return receipt mail.

Do send disputes during the busiest times of the year. Send disputes from October through January. These are the busiest times for creditors and credit bureaus.

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Sample Letter to Dispute Credit Report

Date

Credit BureauAddress

RE: Acct#..

Dear TRW:

I have just received my credit report and have noted that it contains erroneous information regarding the following accounts. I would like them deleted from my record:

Collection Account____________ This is not correct, please remove it.
American Express___________ This is not mine please delete it.Sears Account__________ this is mine but was never past due.

Please reinvestigate and delete these disputed items. 30 days constitutes a reasonable amount of time to confirm these. Please send names and business addresses of those persons you contacted for any verifications also, as per the Fair Credit Reporting Act, please send me notification that the items have been deleted.

Please send an updated copy of my credit report to the following address:

Sincerely,

Your name
Your address
Your Social Security #

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Sample Letter If You Get No Response From a Credit Bureau

Date

ATT: Consumer AssistanceCredit BureauAddress

RE: Credit report #______

Dear TRW:

On March_______and April__________, I sent you letters requesting items be investigated on my credit report. (See enclosed copies)As of yet I have not received a response from you. Under the Fair Credit Reporting Act you are required to respond within a “reasonable period of time.”

I am sending this letter certified so I will know you did receive it. In this way I will have no option but to pursue my legal rights if I do not receive a response.

Sincerely,

Your signature
Your name printed
Your Address
Your SS#

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Sample Letter Disputing Specific Items and Inquiries On Your Credit Report

Date

Credit BureauAddress

RE: Credit report #

Dear TRW:

Going over my credit report I have found it has many errors. I request your investigation of the following:

1. Sears I spoke with Sears again to verify my records. They confirmed this as my account and that there were no late payments to this account. They will draft a letter if needed to correct this error. Please contact this creditor.

2. Foreclosure 5/92 I did not have a foreclosure in 1992 or since then. Please remove this.

3. Collection Account_________I have tried to get to the bottom of this with the information your company supplied. How are you able to confirm when I cannot? (See enclosed copy). This is not mine. Please remove this.The consumer has no protection against automobile salesmen who are not concerned about a persons credit report or what problems multiple inquiries cause. Your credit bureau has legal responsibility in this matter.

There should be more supervision on access to credit reports.I did not authorize the following inquiries and demand they be removed from my file:

1. GMAC There are 4 different days in November of 2000. Why would this be? Please remove 3 of these entries. I only authorized one time.

2. Nissan Motor Acceptance Corp. I only authorized one. Please remove the other 4 entries.

These listed accounts are not my debts nor my authorized inquiries. Please correct this by the removal of these items from my credit report. Please send a copy of my corrected possible to my address listed below.

Sincerely,

Your signature
Name
Address
Social Security Number

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Sample Dispute Letter Requesting a Reinvestigation of Items on Your Credit Report

Date

ATTN: CUSTOMER RELATIONS DEPARTMENT

Credit Bureau Address

Dear TRW:

I have been around and around with your company regarding the errors which I have. And they continue to remain on my consumer credit report.I am again noting that problems have been discovered and they continue to remain unresolved.

I don’t know how to better state my problem nor do I know how to correct the errors.

The following accounts are not mine.

Account names and numbers

Since you have not given me names of persons with their business addresses that you contacted for re-verification of information, so that I could follow up as I requested, I assume that you have not been able to verify the information I have disputed.If this problem continues and I am forced to seek some form of professional assistance, you have been forewarned of the harm which this problem is causing me.

I shall assume that 30 days constitutes a “reasonable time” to complete these actions unless you immediately notify me otherwise.

Send me an updated copy of my credit report with these items deleted.

Thanks,

Signature
Your name
Address
SS#

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General Dispute Letter to a Collection Agency

Date

Collection Address

RE: Acct. # …

To whom it may concern:

When living in New Jersey, I received service through ______ Telephone Company. During that time, there were numerous billing errors. I kept being mixed up with another family. Though time consuming and aggravating for me, the phone company always found and corrected the errors.Before moving to New York, I stopped service and paid the final bell. I never thought I would continue to be plagued with ____ Telephone Company errors.

I am sure if you speak to a human being and not a computer at ______ Telephone Company, there will be a record of the problems we were having with wrong billings. I am also certain you will discover this is not my debt.

Though I was assured by the phone company at the time that my name was not the cause of the errors, I’m not so sure.I would truly appreciate your assistance.

Sincerely,

Your Name
Address

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Letter to Creditor

Date

CreditorAddress

RE: Acct. #

Dear Creditor:

I am writing in an attempt to settle the account you are listing under my name and social security number.

I agree______________Company should have been paid for service rendered but I do not agree with this being on my credit report as a bad debt. I would like to put this account to rest as I hope you would. I did not use your services but am negligent in not making certain the person buying the residence had changed the billing from my name to his. I never received a statement or overdue notice. I no longer was living in the home do I had no reason to suspect a payment problem.

My concern is if I made payments to you in an attempt to stop negative reporting to the credit bureau, the balance in my credit file would show ZERO PAID COLLECTION, and then those negative ratings would continue for another seven years.
This would be wrong as it is not a true indicator of my willingness or ability to pay debts.

I believe I am caught in the computers and a credit reporting system that does not tell what truly happened.

I am requesting your help in deletion of this account from my credit reports when payment in full is received as this does not accurately portray what has happened. I have been informed by a reputable source that this can be done and is within the purview of the law.

I look forward to your prompt attention to this matter and an expedient favorable resolution.

Sincerely,

Signature
Name
Address

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How to Dispute Credit Report Information

By LaToya Irby, About.com

Your credit report contains key information that identifies you and how you’ve paid your bills. Whenever you make a credit-based application, your credit report is reviewed to help make a decision. If, for some reason, your information is reported incorrectly, it could cause you to be denied for services for which you would otherwise would have been approved. That’s why it’s so important to check your credit report periodically for errors.

If you find mistakes on your credit report, the Fair Credit Reporting Act, FCRA, gives you the right to submit a credit report dispute to remove inaccurate information.

Review Your Credit Report

To find out if there is any incorrect information on your credit report, you need a copy of the report. Under federal law, you have the right to one free copy of your credit report from each of the credit bureaus annually. See How To Get A Free Credit Report for details on ordering your annual credit report.

Review your report thoroughly to make sure the information reported is correct. If your credit report has incorrect information, the Fair Credit Reporting Act (FCRA) gives you the right to dispute the information.

File A Credit Report Dispute

When you find something incorrect in your credit report, you should alert, in writing, both the credit bureau who provided the report and the information provider. This is the process to dispute credit report information.

If you have statements or cancelled checks that support your claim, include copies of them with your statement(keep the originals for records). In your statement, include your name, complete address, the information you are disputing, and the reason the information is not accurate. It will be helpful to include a copy of your credit report with the disputed information highlighted.

Send your credit report dispute via certified mail with return receipt requested. This way you not only have proof that you sent the dispute, but also that the credit bureau received your dispute. Keep a copy of the letter along with any enclosures you sent.

The Credit Bureau Responds To Your Dispute

The credit bureau has 30 days to investigate your dispute and respond to you, in writing, with the results of the investigation. Any data you provided about the inaccuracy of the information will be forwarded to the original information provider. The information provider is then required to investigate and respond back to the credit bureau.

Once the investigation is complete, the credit bureau will provide you with the results, along with a free copy of your credit report if the dispute resulted in a change. You can request that the credit bureau send a correction notice to any company that accessed your credit report within the past six months.

If there is inaccurate information in one credit bureau’s version of your credit report, it’s likely that the information will be inaccurate on the other two bureaus’ reports as well. You should check all three credit reports to be sure that the information in each is complete and accurate.

Credit Report Dispute Resources

Sample Credit Report Dispute Letter

Dispute Addresses for the Three Major Credit Reporting Agencies

Equifax
P.O. Box 7404256
Atlanta, GA 30374-0256

Experian
Dispute Department
P.O. Box 9701
Allen, TX 75013

TransUnion
Consumer Solutions
P.O. Box 2000
Chester, PA 19022-2000

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