Can I get bankruptcy off credit report?: I had a bankruptcy may of 2015 chapter 13 I have been discharged for over three years now I purchased a new vehicle in 2018 thinking it would rebuild my credit and I was told after paying this for 3 years n time every month that due to the bankruptcy they Chrysler isn’t allowed to report my loan or my payments to the credit companies? This was the main reason. I bought a brand new vehicle. Anyway to get these reported to help my score?
Robert’s answer: I agree with Mr. Granvold. However, I have found that you can simply start a dispute process with each of the three bureaus without ordering a full credit report. When you initiate the dispute process, the credit bureau will show you all negative entries on your report, so you can dispute the matters that have been reported with inaccuracies therein.
Bankruptcy car trade in?: My bank for my vehicle insists that I do not have a reaffirmation agreement with them, but I know I have signed it and it was approved by the courts. The bank even sent me a letter say that if I'm not personally obligated not individually liable to pay the debt. It's public record. For instance, if I do let them take the vehicle and they then locate the reaffirmation letter would I still be liable or would this letter stand?
Robert’s answer:
If you have access to pacer.gov, you can check the docket to your case to determine if the reaffirmation agreement was filed and if the bankruptcy court approved the agreement. If you filed pro-se, the agreement had to be approved by the court. If you filed with the assistance of an attorney and the attorney signed the agreement, then there was probably no court order approving the reaffirmation agreement, but that would not have been required.
If you do not have access to pacer.gov, you can sign up. If you prefer, you can simply call the bankruptcy court clerk's office in Aberdeen and ask them about whether the agreement was filed and if the court approved the agreement, if necessary. If you were represented by an attorney, call his/her office.
If I file bankruptcy will my husband be able to buy a house in his name? Will my creditors try to take it in the bankruptcy?: Our house is in really bad shape and we need something new
Robert’s answer:
Assets owned by the spouse of a bankruptcy debtor cannot be taken by the bankruptcy trustee, provided there was no transfer of the home from the debtor to the spouse in the past 3 years. However a debtor's spouses income must be considered to determine whether the debtor qualifies for a chapter 7 discharge.
The best way to have this question answered and determine what effect, if any, a bankruptcy filing by you will effect your husband is for both you and your husband to take the time to meet with an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases. At that appointment, your husband can ask the questions that he has about the issue you mentioned and any other issues that each of you feel need to be addressed. Most bankruptcy attorneys will meet with you at no charge for the initial appointment. You can use the Avvo "Find a Lawyer" link at the top of this page to search for an attorney.