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Ch 13 filing denied/dismissed by judge–get I have this removed from credit report?

Bankruptcy 1 views 4 answers
I filed a Ch 13 in an attempt to save family home while I was dealing with a botched trust and POA. The note was in mother's name and Lender did not accept POA or trust, refused my attempts to bring mortgage current for my mother. My name was on deed but not on loan. I hired an atty to try to fix trust and he filed a Ch 13 for me to try to stop foreclosure after other remedies failed. My plan was rejected by the judge, We resubmitted & the judge dismissed the BK, so it never went into effect. I had no other creditors in my filing, only mortgage holder of mom's mortgage, My plan wasn't accepted, Nothing was discharged, no payments were made, yet the BK is showing on my credit report. Can I have this removed since it was never accepted by the court?

Attorney Answers

4
Gary Bollinger ·
You wrote, “… the BK is showing on my credit report. Can I have this removed since it was never accepted by the court?“ A: no. It is a matter of public record that you filed
0 upvotes
Bruce Allan BoiceFamily Law AttorneyOrange, CA ·
Since you filed for Bankruptcy it will show on your credit report. It might help to have the bankruptcy show as dismissed rather than discharged. It has become very common to file a bankruptcy to prevent a foreclosure. I know the Chpater 13 Trustee and Judges in Riverside are very tought when it comes to court rules. In fact, they have their own rules, such as you must show 6 months of payment before Judge Johnson will approve a Chapter 13 plan. You might want to refile to prevent the next scheduled foreclosure sale. However, your Automaticwe stay is only valid for 30 days the second time you file.
0 upvotes
Mitchell Goldstein ·
Your bankruptcy went into effect once you filed. Not getting a plan approved does not change that fact. It is being properly reported and you cannot change that.
0 upvotes
Kathryn Tokarska ·
Concur with all other answers. Once filed, it's part of the record.
0 upvotes

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