EQ Reporting of Dismissed CH 13

[wahmom]

In 12/98 I contacted an attorney to file for CH 13 BK. We paid the initial filing fees but then decided against the idea of BK and paid our creditors off. The BK is/was showing as dismissed. I thought it showing as dismissed was a good thing evidently not. I now know that dismissed actually looks worse than discharged. Personally because we didn't go through with it, I never felt like it should have been on our report to begin with especially since I paid all of my creditors. But it was so I dealt with it.

It's been deleted from EX & TU several years ago. Actually before the 7 years. But EQ refuses, they say that their policy is that Dismissed CH.13 stay on for 10 years.

I know it's supposed to fall off on 12/08 but I'm desperately trying to improve my scores and I would like it off sooner than that. I just recently disputed it and it came back verified by the court according to EQ. After calling the BK court, I was informed that they couldn't even pull up any information on my case in their computer system besides my name and case number. The actual case is at the National Archives.

Last night I signed up for Pacer to see what the status of it was. Here is what it said.

Case Type: BK
Chapter: 13
Assest: Yes
Date Filed: 12/98
Terminated: 2/99
Discharged:
Reopened:
Converted:
Dismissed:
Confirmation:
Hearing:
Pending Status: Case Closed

Can someone tell me what terminated means? If it was truly dismissed as EQ is reporting, shouldn't it list a dismissed date? By it just listing the date terminated does that mean it was as if the case didn't exist somewhat?

I appreciate any help someone can give me to get EQ to remove this. Thanks

[woeisme]

I think that even if EQ won't delete the BK, you can add a statement to your credit report stating that you voluntarily dismissed the BK and paid your creditors in full. That might help. Something 10 years ago shouldn't be really negatively impacting your credit so much right now if all your current credit activity is positive though. How much difference is there in the credit scores from EQ and EX and TU?

[wahmom]

My EQ report is almost 90 points lower than EX and 70 points lower than TU. I think because it's a public record that is the problem. The other reports don't have a PR. Yes I have had a steady credit history since then and the other reports reflect that. I was just trying to figure out how to get this off without having to wait another 6 months.

Thanks for your reply!

[liz417]

You decided to dismiss your chapter 13 and pay your creditors and you still get penalized for the same amout of time? That's ridiculious! At least you only have less than 6 months for it to fall off your credit report, but I would do woeisme stated and write a "statement/comment" on your report!

[wahmom]

Thanks Liz, that is what I was thinking. I decided to pay my creditors all of their money instead or a portion or none at all and I still have to pay for it 10 years later. All of the original creditors are long off my report and this still remains.

I was just curious about how it is listed in Pacer and at the BK court. According to that it wasn't dismissed or discharged. It just says terminated and case closed. I have no clue what that means. Does that mean that is shouldn't have been on my report at all?

[Flamingo]

Terminated means the end, closed, done. That means your BK was terminated not discharged. As you probably know by now, having a Chapter 13 dismissed is something you just don't want to have occur and I guess it is the reporting agencies policy to keep them on as long as a Chapter 7. Discharged Chapter 13's only stay on for 7 years after the filing date.

Thankfully you don't have long to go. You can either let it ride out, put in the statement as above (but statements usually don't mean much in your report as I was told by banking friends creditors never read them), and pull your report again after the 10 year mark and make sure that is removed.