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After Chapter 13: Charge Offs and Advice for New Credit

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    After Chapter 13: Charge Offs and Advice for New Credit

    Discharge received! FINALLY! Five years and three months. Now I'm trying to figure out what my next step is.

    First a little back story... My bankruptcy was a bit unique because while I had a large amount of debt, I wasn't delinquent on anything when I began filing. I had an American Express Gold card and an American Express credit card at the same time. I was about 2-3 days late on my Amex gold payment, and they used Universal Default on me for the $10k credit line, which was just about maxed out. Then my other creditors started Universally Defaulting me and whatnot, and the house of cards fell. I was getting sued by Chase bank for some stupidly small amount of money. The ONLY delinquent payments on my credit history were from the time period when I was told to stop paying creditors so that I wouldn't show favor toward them, but all of my accounts ended up in default via Universal Default despite my payments to keep them current (Side note: I really hope that's illegal now).

    I noticed sometime around 2010 (2 years into my plan) that some of my former creditors (I'm looking at you, bank of america), despite being notified and filing claims in my case, decided to start reporting my accounts as charge offs instead of wage earner plans. At the time, I disputed them as "part of chapter 13," and my disputes were denied by all three bureaus with no further explanation than "The creditor verified this debt." In addition, the default judgment that Chase received against me, which was supposedly VACATED via the bankruptcy, is still showing up on Experian, and they refuse to remove it. All things considered, my credit score is about 645, which I'm hoping is mostly due to the fact that there are charge offs. Obviously the bankruptcy plays a role, but there's nothing I can do to get that off of there for another few years.

    I've just filed a whole slough of new disputes with all three bureaus now that I've received my discharge (Serious disputes with documentation being mailed), and I'm looking toward credit rebuilding now. I currently make about twice as much money per year as I did in the beginning of my bankruptcy. I'm in pretty good financial shape, and I've been living without credit for the last 5 years.

    That said, I don't own a home, and I'd like to buy one someday. I have no secured debt left (my car was paid in the plan), and I've got a small amount of student loan debt left that didn't discharge. I have money in savings and a 401(k) that has more money in it than I currently owe in student loan debt.

    If you were in my situation, where would you start? I want to get a credit card. If there's anything I've learned over the last 5 years, I've learned that you NEED a credit card for hotels and car rentals in the US. I do a lot of traveling for work, and it's extremely embarrassing to be stuck somewhere unable to rent a car or get a hotel room. That or it's frustrating having a $1000 deposit pending on my debit card. With a 645 base credit score (and it'll probably go higher, as I'm expecting at least some of my disputes to stick), do I really have to go the route of getting a secured card? I'm just looking for some general advice.

    I apologize for the WALL OF TEXT, but I'm extremely excited that I made it through, and I know there are chapter 13 people out there who are thinking about voluntary dismissal who would probably benefit from knowing that it's possible to make it through.

    #2
    First of all, congratulations on your discharge! 5 yrs. is an accomplishment! You should be very proud that you made it.

    Your judgement, did you receive an signed Order from the court stating the judgement was vacated, or are you assuming it was? If it was included in your BK, your credit reports are only required to show it as satisfied, and it should remain for 7 yrs. from date satisfied. The CRA's are not required to removed it unless it was dismissed or vacated.

    Your best bet now, if you don't wish to go the secured route is Capital One. They may start you out low, but they've been quite generous with credit limit increases lately, after you've had the card for 6 mos. Since you have a decent income and want a higher line for travel, etc., a secured card at a local credit union is a good deal, especially if they graduate to unsecured in a year or two.

    Patience is the key when making sure all your accounts report correctly. It took me 6 mos, and as many as 3 or 4 rounds with a couple of them. (I was a Chap. 7.)

    Comment


      #3
      Originally posted by nlbstr View Post
      In addition, the default judgment that Chase received against me, which was supposedly VACATED via the bankruptcy, is still showing up on Experian, and they refuse to remove it.
      Have you had the default judgement ordered vacated or satisfied in the court where the judgement was issued? The BK does not automatically get rid of the judgement, it just prohibits the creditor from collecting on it. It will remain on your reports in the public records section until it is vacated/satisfied. The procedure for doing that varies by state.

      You very well may be able to get an unsecured card. Once you get your credit reports cleaned up, do some research on what banks will approve you with a BK on your record. Then apply for one with a bank who you did not discharge debt with. Just don't sumbit multiple applications within a short time period.
      LadyInTheRed is in the black!
      Filed Chap 13 April 2010. Discharged May 2015.
      $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

      Comment


        #4
        Having the judgment vacated was supposed to be part of my bankruptcy package. I guess I'll have to go light a fire under my attorney because a court record search shows default judgment and nothing further.

        Capital One might not be an option... My car loan was through them, and there was this whole misunderstanding with my attorneys not filing on time, which led to a repo, and I'm currently fighting with them (or the company they sold the loan to) to acquire my title.

        Comment


          #5
          Originally posted by nlbstr View Post
          Having the judgment vacated was supposed to be part of my bankruptcy package. I guess I'll have to go light a fire under my attorney because a court record search shows default judgment and nothing further.

          Capital One might not be an option... My car loan was through them, and there was this whole misunderstanding with my attorneys not filing on time, which led to a repo, and I'm currently fighting with them (or the company they sold the loan to) to acquire my title.
          I contacted my attorney. He apologized for not filing this and said it would be filed ASAP. Sounds like progress to me! :-P

          Comment

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