When Is A Good Time To File For Chapter 13
Today, the most common reason that people file for any kind of bankruptcy is medical expenses. This sad fact has not gone unnoticed by politicians and activists who claim that our health care system is broken. Once a creditor obtains a judgment against you in court, they can make your life a living hell. Not only can they garnish your wages, they can also place a levy on your bank account which allows them to freeze your funds. At that point, they can petition the court to transfer those funds over to them.
Additionally, they can place liens on your real estate. If you own properties other than your legal residence, they can force the sale of the properties to repay the debt that theyre owed. In other words, right about the same time they threaten to sue you and you know that theyre going to win that judgment, its a good time to start considering filing for bankruptcy.
Once in bankruptcy, your creditors hands are tied insofar as using aggressive tactics are concerned. Essentially, you have regained control of the situation and you can work out a repayment plan that works within your finances and prevents your creditors from seizing your money or property.
Challenge The Fraudulent Bankruptcy With The Credit Bureaus
If you do happen to find a bogus bankruptcy on your report, you need to challenge it with each of the credit bureaus.
This can be done with a dispute letter. The letter will need to include a statement from the court of record.
You will have to contact the court and ask them for a written statement that verifies you did not have a bankruptcy on file.
If the court does have a bankruptcy on file, you will need to work with them to resolve the issue.
You may need to provide identification and other records. That way you can prove there was some kind of mix-up.
First, get everything you need from the court. Then send it with copies of your identification and of course your dispute letter via certified mail to each of the major credit bureaus.
It will usually take a few weeks for them to record the changes on your credit reports. That applies as long as everything you sent checks out.
Is It Even Possible To Get A Bankruptcy Removed From Your Credit Report
We want to be upfront and transparent: its very hard to get a bankruptcy removed from your credit report. If all information is accurate and complete, it is not possible to remove a bankruptcy from your credit report. But if the bankruptcy entry contains any inaccurate or incomplete information, it may be possible to have it removed.
Removing A Bankruptcy Filing From Your Credit History
A bankruptcy discharge can be removed from public records if you prove it was misreported.
You should be wary of mistakes such as:
- Incorrect information on your credit report
- Individual accounts staying on your credit report longer than 7 or 10 years
- Incorrect bankruptcy filing dates
- Discharged debts still showing on your report
- Incorrect names, addresses, contact information, or dates
- Bankruptcy appearing on your report when it wasn’t your responsibility
In some cases, a bankruptcy can appear on your report because of mistaken identity, identity theft, administrative mistakes, or a completely random error. These are less common, but you may need an attorney to prove it is not your responsibility.
Can You Get A Credit Card After Filing For Bankruptcy
Yes, you can get a credit card after filing for bankruptcy. That said, a bankruptcy will make it very difficult for you to get a regular unsecured credit card, however, you can apply for an unsecured credit and build good credit history for that account. The only difference between a regular credit card and a secured credit card is that to get a secured credit, you need to pay a security deposit and the deposit that you pay will be your credit limit.
How Long Does A Consumer Proposal Stay On My Credit Report
The Financial Consumer Agency of Canada states that Transunion and Equifax will remove the notation of a consumer proposal from your credit report three years after the proposal has been completed or six years from the proposal filing date, whichever is earlier.; In other words, the maximum length of time a consumer proposal will affect your credit report is 6 years. So, for example, if your consumer proposal takes you four years to pay off, your score will be affected for 6 years in total . ;In an alternative example, if you were to pay off your proposal in 2 years, your credit rating would be affected for a total of 5 years . As you can see, if you are able to pay off your proposal more quickly, your credit rating will improve in less time.
When you have completed your consumer proposal, your Trustee will mail you a Certificate of Full Performance. It is recommended that you send a copy of this document to TransUnion and Equifax along with a list of your debts included in the proposal, to make sure your credit record is updated as quickly as possible. They will process the new information as soon as they receive it.
Its also necessary to maintain a copy of the Final Statement of Receipts and Disbursements, which includes a list of your creditors alongside the amounts that each received as a part of the debt settlement and key dates.
Hire A Credit Repair Specialist To Deal With The Bankruptcy
This is obviously a lot of work, and it may seem a bit overwhelming. You may feel like its too much to handle with everything else going on in your life.
In that case, you may want to procure the services of a quality credit repair company. You could also hire a good bankruptcy attorney.
Granted, its never a good feeling when you pay out of pocket to fix something that wasnt your fault.
Taking it on by yourself can be a big challenge, though. It will cost you in terms of time and money.
Someday, fraud and cybercrime might be a thing of the past. But, for now, its a part of life that many of us have to deal with at one time or another.
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How Long Does A Bankruptcy Stay On My Credit Report
There are differences in severity between a Chapter 7 and a Chapter 13 bankruptcy. According to the Fair Credit Reporting Act , a Chapter 7 bankruptcy can remain on your credit history for up to 10 years from the filing date and a Chapter 13 bankruptcy can remain for a maximum of 7 years.
The FCRA states only the legal maximum amount of time bankruptcies can appear on your report and not the minimum. This means a bankruptcy can be removed earlier than the legal maximum, but it must be proven that it is misreported, unsubstantiated or otherwise found inaccurate. A bankruptcy cannot be removed simply because you do not want it there.
Can You Get Credit After A Bankruptcy
Myth: You cant get a credit card or loan after bankruptcy.
The truth: Credit cards are one of the best ways to build credit, and there are options out there for those with a checkered credit history. Secured credit cards, which require an upfront security deposit, have a lower barrier of entry but spend and build credit just like a traditional card.
Similarly, there are loans availablesuch as passbook, CD or that are secured with a deposit or collateral and help you build credit as you pay them off. Like secured credit cards, these loans are much easier to come by because the lender is protected in the event you cant pay. Do note that you may need to get permission from the court to take on new debt during a Chapter 13 repayment plan.
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Check Your Credit For Inaccuracies
You need to look for any inaccuracies that may be part of the bankruptcy entry. You will want to look very carefully for any mistake.
- Identity information
- Accounts that may belong to another person with the same or similar name
- Incorrect accounts that occurred from identity theft
- Closed accounts reported as open
- You are reported as an owner of an account but are only an authorized user
- Accounts incorrectly reported as late or delinquent
- Incorrect date opened, date of last payment, date of delinquency
- Same debt listed more than once
- Accounts that appear multiple time with different creditors listed
- Incorrect current balance
- Incorrect credit limit
There may be other inaccuracies you find as well; the important part is to look closely and pay attention to detail.
If there are any inaccuracies, you simply dispute the bankruptcy entry with the credit bureaus, saying the information is incorrect and therefore should be removed.;
Dispute via letter with the mistakes explained and make sure to send to each bureau. If there are no inaccuracies, move on to the next step.
Sign Up For A Secured Credit Card
Getting approved for a traditional credit card can be difficult after bankruptcy, but almost anyone can get approved for a secured credit card. This type of card requires a cash deposit as collateral and tends to come with low credit limits, but you can use a secured card to improve your credit score since your monthly payments will be reported to the three credit bureaus Experian, Equifax and TransUnion.
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Can You Improve Your Credit Score After Bankruptcy
There is no quick fix to restoring your credit score and credit rating after bankruptcy, but there are general steps you can take to improve your credit score. Consumer Action Law Centre cautions that Australians in debt may be at risk from debt vultures, with approximately 1.4 million to 1.9 million Australians paying for debt management or credit repair services in the 12 months to December 2020. These companies are almost entirely unregulated and can target Australians who are in financial hardship with debt advice and services, CALC says.;
Reach Out To The Courts
Now you will want to reach out to the court with the same question. How did they verify your bankruptcy?
If the court responds they never verified the bankruptcy which is the most common scenario ask to get the statement in writing.
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Removing Bankruptcy From Your Credit Report
The economic fallout from the COVID-19 pandemic looked like it was going to cause a flood of bankruptcy filings in 2020, but just the opposite occurred. Filings dropped from 774,940 cases in 2019 to only 544,463 in 2020, a 29.7% decline. That was the lowest since 1986.
Still, half a million filings represent a lot of financial pain and hardship and the pain could grow. Bankruptcy filings tend to escalate gradually after an economic downturn. Following the Great Recession of 2008, bankruptcy filings increased for the next two years, peaking in 2010 at 1.5 million.
If youve been forced into bankruptcy, you are far from alone. More than 500,000 Americans declared bankruptcy in 2020, some because of the fallout in the economy from the COVID-19 pandemic, others for the usual difficulty of managing personal finances.
One thing they all have in common: They want to get this financial red flag off their credit reports as soon as possible.
Can this be done? Eventually. But, its neither quick nor easy.
Assuming that the;bankruptcy;is legitimate rather than the result of identity theft or a clerical error, it will remain on your credit report for seven to 10 years. However, desirable it may seem to be, getting bankruptcy off your credit report shouldnt be the overriding concern.
Think of it as one part of repairing your credit and recovering from the financial damage related to it.
What Are Other Ways To Improve Your Credit Score
You can build healthy credit over time by starting with these steps:
- Make on-time payments. This is one of the most important factors that impacts your credit scores. If you think you cant afford a payment, reach out to the lender right away. It may be willing to work out a payment plan and keep your account in good standing.
- Check your credit reports. This will help you understand and track your overall financial health. Also look for errors, such as incorrect credit card balances, trade lines that arent yours and accounts that are incorrectly marked as delinquent.
- Dispute and fix errors. About 20 percent of consumers have an error on at least one credit report, according to a Federal Trade Commission study. Getting an error removed may help your credit score improve.
- Consider a debt consolidation loan. A debt consolidation loan unites all your debts into a single balance, often at a lower interest rate that can save you money. A debt consolidation calculator can help you evaluate whether this type of loan is right for you, as debt consolidation can temporarily hurt your credit.
Sign up for a Bankrate account to analyze your debt and get custom product recommendations.
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Will A Bankruptcy Ruin Your Credit Forever
No, a bankruptcy will not ruin your credit forever. When you first file for bankruptcy your credit score will take the biggest hit. As the bankruptcy ages, your credit score will improve so long as you responsibly borrow and make timely payments. Also, a bankruptcy only remains on your credit report for 10 years. After the 10 year period, the bankruptcy will be removed and your credit score will increase.
Can I Get Credit While In A Consumer Proposal
You may wish to ask your Trustee about this. While in a consumer proposal, you can apply for a secured credit card through select financial institutions. With a secured card, you make a small security deposit, and then utilize the credit card to make purchases and then promptly pay them off. By doing this, the credit card company will report that you are utilizing the credit and paying as agreed and note the account as an R1. ;Check the cost of the card, as service charges are greater than with standard cards. Also, do not confuse secured credit cards with pre-paid VISAs and MasterCards prepaid cards have no effect on your credit report and do not help you rebuild.
Using a secured credit card and making regular payments on it while in a consumer proposal can cause a slight improvement in your credit rating, but you will see quicker improvements once your consumer proposal is paid off. Also, you will have access to better interest rates on borrowed money after your consumer proposal is completed. Becoming debt-free by successfully completing your consumer proposal will have a significant impact on your capacity to obtain credit.
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To Remove A Bankruptcy From Your Credit Report Youll Need To Find Evidence That The Bankruptcy Was Reported Incorrectly Otherwise It Will Only Come Off After Seven Or 10 Years Depending On The Type Of Bankruptcy
Beyond the stress and inconvenience that comes with filing for bankruptcy, it can have a long-standing impact on your credit report and score.
Fortunately, that negative impact can be mitigated with the right help.
What Is Credit Reporting And How Does It Affect Me
In Canada there are two major credit reporting agencies; Equifax and TransUnion. Most people commonly refer to these agencies as the credit bureaus. Credit reporting agencies do exactly that: they report credit history. They can also be referred to as an information service as they provide copies of your credit report to potential lenders. This allows the banks and other lenders to determine how much risk they are taking when they loan you money. Whenever anyone lends money they are taking a risk that it will not be repaid.
To get any significant credit, you need a good borrowing history.
Approximately once each month every major lender in Canada sends a report about their borrowers to the credit bureaus. Also, the federal Superintendent of Bankruptcy reports a list of everyone who filed a consumer proposal or bankruptcy to the credit bureaus, as well as a list of everyone who has been discharged. The credit bureaus collect this information, summarize it, and sell it to their members, the lenders.
When you apply for credit you normally sign an application that provides the lender consent to access your credit history. Generally this consent allows then access not only the first time you apply, but anytime afterwards as well, as long as your account is open. It is also this consent that allows the lender to provide the bureau information on your payments etc. once you have been approved.
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Requirement : Debtor Education Course
Once an individual has completed their Budget Briefing Session and filed their bankruptcy petition, that individual must complete an approved personal financial management instructional course by an approved educational provider, like credit.org, before they can be eligible to receive a bankruptcy discharge.;Credit.org has been approved by the Executive Office for United States Trustees to provide the required Pre-petition;Credit Counseling, Pre-discharge Debtor Education and issue certificates in compliance with the bankruptcy code under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 for residents in all judicial districts except the following: Alabama and North Carolina.
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