How to resolve a claim dispute after a chapter 13 filing? 8 Answers as of July 30, 2011I filed for 13 Bankruptcy 7 yrs. ago. I was discharged on 12/2007 and I have been attempting to purchase a house and have been rejected because of the this on my file. I looked at my credit report and have disputed several claims,and my disputed charges seem to be ignored. Many of which have been over 7 yrs on file. What other method of disputing those claims can I pursue? I am financially broke and can't even afford to maintain my family afloat.
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
If your debts have been discharged in your chapter 13 this should be reflected on your credit report. It is simple to repair inaccuracies by writing a letter contesting the incorrect information so that it is factually correct. You have the right to add a 100 word statement to your credit report spelling out why this is disputed if thecredit report remains inaccurate after your attempts to correct it.
Answer Applies to: California
Ray Fisher Law Offices | Ray Fisher
First of all, if your financial situation is as you describe then these items on the credit report are not the problem with the home purchase. Beyond that you need to just keep following the dispute procedure with the credit reporting agency. At some point you should hire a lawyer to sue the creditor in question for violation of the fair debt reporting act.
Answer Applies to: Texas
Law Office of J. Thomas Black, P.C. | J. Thomas Black
You must dispute the items with the credit reporting agencies (CRA's) that are reporting the erroneous information. If you have done so, hopefully in writing and certified mail, return receipt requested so that you have written proof, and 30 days have gone by and the erroneous items are not corrected, you need to hire an attorney experienced in the federal Fair Credit Reporting Act (FCRA) and sue them. If you have not already disputed them as I indicated above, that is the first step. Dispute them with the credit reporting agencies, not the creditors themselves. You can send a copy of your dispute to the creditor if you wish. But most important, send a detailed dispute and include copies of whatever documents that you have that prove your case. If you still can't correct it, and it causes you to lose the loan, or settle for a higher interest rate, you may have a good FCRA case.
Answer Applies to: Texas
Ashman Law Office | Glen Edward Ashman
Not all debts are discharged in a Chapter 13. Even debts that are may be misreported. Your lawyer will know how to address each situation and it would be well worthwhile to pay for a consultation to review each such debt, as the means to address them will vary on the specific facts.
Answer Applies to: Georgia