Chapter 11 bankruptcy1. Check your credit report for inaccuracies on the bankruptcy entry
In this step you’ll need a copy of all 3 of your credit reports. This is where having a credit monitoring service comes in handy. The first thing you’ll want to do is look over the bankruptcy entry on your credit reports very closely. What you’re looking for is anything that’s inaccurate. If you find inaccuracies, then promptly dispute the bankruptcy entry with the credit bureaus.
The best case scenario is that they’ll be unable to verify the bankruptcy and remove it from your credit report. This is unlikely if it’s a recent bankruptcy. Nonetheless, if it happens, then great, you can skip the other steps. If the bankruptcy is verified by the credit bureaus continue to the next step.
2. Send a procedural request letter to the credit bureaus
If the bankruptcy is verified by the credit bureaus, you will next need to send them a procedural request letter asking them who they verified the bankruptcy with. The best way to write a procedural request letter is to use my sample letter here.
More than likely the credit bureaus will respond and claim that they verified it with the courts. This is more than likely not true, because in most cases it’s my understanding that the courts do not verify bankruptcies for the credit bureaus.
3. Ask the specified courts how they verified the bankruptcy
Next, as you might have guessed, you will need to contact the courts that were specified by the credit bureaus. Ask them how they went about verifying the bankruptcy. They will probably say they didn’t verify anything. Ask for that statement in writing. After you receive the letter, mail it to the credit bureaus and demand that they immediately remove the bankruptcy as they knowingly provided false information and therefore are in violation of the Fair Credit Reporting Act. If all goes well, the bankruptcy will be removed.
Again, this process can be extremely difficult and time consuming, and there is no guarantee that it will even work. The nonetheless, it might be worth a try if you’re up for it.
Can credit repair help you in North Dakota to achieve financial stability? The automatic stay stops most collection efforts during your bankruptcy. But the stay is not absolute – creditors can ask the bankruptcy court to remove the stay, called lifting the automatic stay. If successful, the creditor can continue its collection efforts against you.
Read on to learn how creditors can lift the stay, when they might ask the court to lift the stay, and more.
What Is the Automatic Stay?
The automatic stay prohibits creditors from collecting from you while your bankruptcy case is proceeding. It takes effect immediately upon filing the bankruptcy case (that’s why it’s called automatic), and it stops (stays) collection action on pre-bankruptcy debts. The intent is to give you a breathing spell from creditor harassment while you develop a plan to reorganize your finances.
The automatic stay is both broad and powerful. Since it only has a few narrow exceptions, creditors must tread very carefully during a bankruptcy case or risk violating the court’s injunction.
(To learn more about the automatic stay, see the articles in our Bankruptcy’s Automatic Stay area.)
Asking the Court to Remove the Stay: Motions to Lift the Stay
If a creditor wants to continue to collect from the debtor during the bankruptcy, it can seek permission directly from the court to do so, known as “lifting” or getting “relief from” the automatic stay. The creditor must do this by filing a “motion” with the court.
Motions to lift the stay are not as common as one would think. When a creditor files a motion to lift the automatic stay, the debtor is entitled to notice and a hearing. The burden is on the creditor to convince the bankruptcy court that there is a very good reason to lift the stay, and the court is predisposed to continue the bankruptcy protection. For instance, the court will not lift the stay when an unsecured debt will be included in the debtor’s discharge.
When a Court Might Lift the Automatic Stay
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