What can I do if bankruptcy is showing on my credit report even if I only applied for it but never filed it? 9 Answers as of April 07, 2016

I applied for bankruptcy but changed my mind after 30 days and withdrew it. It was never filed at the courthouse. The lawyer I used wrote a letter stating it was never filed. The credit bureaus are telling me don't bother disputing or sending the letter as it will not be removed.

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Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
Before you can do anything you must dispute the item on your credit report(s). Because the three main bureaus do not share information, not necessarily all will have records of particular accounts. If you didn't file it should not show up. If you filed but didn't complete the case it should show up. 1. Determine which bureaus have the erroneous listing. Here is contact information: Experian TransUnion Equifax P.O. Box 2002 P.O. Box 1000 P.O. Box 740256 Allen, TX 75013 Chester, PA 19022 Atlanta, GA 30374 888-397-3742 800-888-4213 800-216-1102 www.experian.com www.transunion.com www.equifax.com 2. Write a dispute letter and include the lawyer's letter that the case was never filed. Keep a copy for your records and send it certified mail return receipt requested. This is a sample letter to be sent to a bureau. Feel free to use this as a template. Date: 01/01/2016 From: John Smith Address: 123 First Street Southland, CA 94914 To: TransUnion/Experian/Equifax (attn: complaints dept.) Dear Sir or Madam, I am writing to dispute information associated with my credit file which is being reported incorrectly. I have enclosed copies of pages of my credit report which contain disputed tradelines/public records. Each dispute has been circled and numbered and my explanation for each dispute is itemized by number below: 1. This item is inaccurate because it actually belongs to my father. I am requesting that it be deleted from my credit file (why are you disputing and what would you like done?) 2. This item was purchased by another company, but is still showing ?current? with a balance. Please report with a zero balance with a last active date of?.. I am including copies of documentation which show the accuracy of these requests. In accordance with the Fair Credit Reporting Act, I understand you will check each item directly with the involved creditors and update all information which can be verified and remove any item which cannot be verified. In doing so I understand that you will respond to my request within 30 days. Thank you for your assistance in this matter.
Answer Applies to: California
Replied: 4/7/2016
OlsenDaines | Rex Daines
You clearly did file the bankruptcy. Since it was filed, then it should show up on your credit even though you did not attend your hearing and it was dismissed.
Answer Applies to: Oregon
Replied: 4/6/2016
Ronald K. Nims LLC | Ronald K. Nims
First, check that the bankruptcy was never filed. PACER.gov (Public Access to Court Electronic Records) - hint, if you get a website about international shipping - you put in pacer.com which isn't the same. PACER has all US Federal court records, look up your name in the bankruptcy court in your area and check if there is a filing listed in your name. If there isn't any filing, use the credit reporting agency's website to dispute the report.
Answer Applies to: Ohio
Replied: 4/6/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
Some one is not telling the truth. There is no such thing as "applying for bankruptcy" without filing it. It sounds like the case was filed and then dismissed because not all the paper work was turned in or you failed to attend the hearing. I'd take bets it was dismissed for failure to file all the required paper work. You can go the courthouse and check on it yourself.
Answer Applies to: California
Replied: 4/6/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
You are contradicting yourself. If you applied for bankruptcy, it was filed with the court. And if a bankruptcy case number was assigned, you filed bankruptcy. The fact that you did not follow through, that the bankruptcy was dismissed, that you never attended a court session or that you changed your mind is all irrelevant. When you jump off the cliff and file bankruptcy, it will stay on your credit report for up to 10 years.
Answer Applies to: Nevada
Replied: 4/6/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    If your bankruptcy was not filed with the court then it would not be showing on your credit report. I would confirm whether your case was filed and then dismissed. If it was never filed you most certainly can and should dispute the notation on your credit report.
    Answer Applies to: Nevada
    Replied: 4/6/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    There is clearly some confusion here. One cannot 'apply' for bankruptcy as such. One can 'file' a petition, which starts a case. My guess is that your lawyer did file a petition on your behalf, and then managed to withdraw it at your request. (This is not the easiest thing to accomplish in many federal districts.) If this conjecture is correct, then you did file a case, and the credit bureau is not free to remove that fact. HOWEVER, you can ask them to add the notation that you voluntarily dismissed the case. If they will add that to the statement about your filing, you have a right under federal law to add a brief statement which must be sent to every recipient of the credit report, explaining the facts. Since the number of words is limited, you might want to ask your lawyer to draft it. You can, and should, double-check with the Clerk of the BR Court in your district to see if the clerk's office has a record of your filing, and withdrawing or dismissing the petition. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 4/6/2016
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    For the bk to show up on your credit it must have at least been filed with the court. Otherwise I see no way for public records to pick it up. It probably is not hurting your credit score which is what most lenders will look at.
    Answer Applies to: California
    Replied: 4/6/2016
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You either filed or not. You may have dismissed it but it may stay on report.
    Answer Applies to: Florida
    Replied: 4/5/2016
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