Thread: Getting "included in bankruptcy" accounts deleted

I've been reading the posts regarding "included in bankruptcy" on credit reports. Has it been determined whether or not they can/should be removed? I only have 5 derogs on my Experian report, all listing "included in bankruptcy" but no bankruptcy listed. My TU report has 4 derogs; the bankruptcy and 3 "included in bankruptcy" items. Exquifax has 5 derogs; the bankruptcy, a bogus satisfied judgement that is being removed, and 3 "included in bankruptcy" listings. I will be trying to get a mortgage in the very near future and would like to have the best chance of getting a decent rate.

Yes, the "included in bk" accounts hurt your score. Most people will tell you that these accounts are unrated and have no effect. That is not true.

My goal has been to delete those "included in bk" accounts one by one. When they are all gone, dispute the bk itself. When I first started this, my score was in the low 400s. With the BK still reporting and less than 1/3 of the original "included in bk" accounts, my score is in the 660's. What does that tell you? If these accounts are unrated, I would still be in the 400's because nothing has changed but the passage of about 7 months.

Get as much of the reference to the BK as you can off of your report. It will help.

The question is how?

I've split this thread from the inquiries topic, this is really important. Quite a few people say that it violates the discharge order. I just haven't heard a judge say that.

I agree. But I don't know how to argue it in court, and that WILL be part of my suit.

I have YET to find any case about that.

Proving that these accounts lower your scores is real easy when you can dispute online and get your scores without them.

So I'm done with that part.

Part two is convincing the judge that it isn't right and that he needs to order the bureaus to delete ALL those accounts - not just mine.

My biggest problem now is that Experian has verified these accounts and will not allow me to redispute them. How do I go about getting them off now. I have continued to try with TU and Equifax, but I am not having much luck getting them removed. I finally did get the judgement removed.

How do I go about getting them off now.

You can keep on spam disputing the bureaus, send specific disputes, dispute with the creditors, or file a law suit.

And of course, always look for violations to use against creditors and CRAs.

Since I'm not that familiar with the specifics of what is and isn't a violation, I would be happy just to get them removed. Thanks for all of the info. I will hopefully have my scores in the mid to high 600's by the end of July so that I can get a better rate on my mortgage. I stand at a 602 average right now with a couple of items coming off shortly.

Look in the Legal & Reference section, there are numerous dispute letters with many violations explained as well as the code sections.

And don't forget that there are many more factors to credit scores than derogatory accounts.

I have realized that there are many thing that effect the scores. Luckily, I have almost 20 years of good credit. Unfortunately, I listened to a lawyer who recommended the bankruptcy. Most of my balances are low and are payed off regularly. I have established several trade lines since the bankruptcy and reaffirmed a couple through it. I have no lates anywhere on my reports and always pay more than the minimums. I should have worked out a deal with the creditors rather than file. I wasn't late on any at the time, I just had more than I though I could handle. Now I am paying for it. Once I get some of these items removed, I should easily be in the mid to high 600's. I'll read the legal section and see if there are any things I can use. Thanks.

Creditors aren't very good at working things out - so don't feel bad about filing. You can look at several reports here from readers with MUCH lower scores than yours, they PAID and SETTLED, and their credit is ruined.

It sounds like you're on your way to a great score, just give it a little time.

Christine,
I'm on vacation but couldn't resist taking a peek in the forum when my wife wasn't looking. She says I am obsessed with my credit

If a Bankruptcy discharge bars a collector from collecting couldn't you use this FTC opinion letter to prove thay are in violation of the discharge injunction?

CASS says in this opinion letter.

"Although the FDCPA is unclear on this point, we believe the reality is that debt collectors use the reporting mechanism as a tool to persuade consumers to pay, just like dunning letters and telephone calls"

http://www.ftc.gov/os/statutes/fdcpa/letters/cass.htm