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Surrendered Timeshare in Ch 13

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    Surrendered Timeshare in Ch 13

    Within my Ch 13, I asked for and was granted permission to surrender the ownership of my timeshare. Prior to filling, there was a summary judgment granted upon me for the debt owed on this property. The lien is only showing on one CRA.

    The exact wording within my plan are:

    How would I go about having the lien removed from the CRA? Should I petition the court while the Ch 13 is still open or wait until the case has been discharged?
    09/16/2004 - Filed Ch 13
    10/28/2004 - 341 Meeting - done
    12/16/2004 - Date Confirmed
    - Date Closed

    #2
    Actually, I don't think you have legal standing to remove the lien information from your credit report. Let us just make sure we are clear, we are talking about the lien "being reported on your CRA", not the lien itself. The information about the lien, after all, is true and accurate information, so it can be reported on your credit report. A summary judgement will appear in the public records section of your credit report.

    You can still dispute it and see if the creditor will verify, but you wouldn't go through the Bankruptcy court to do so, you would dispute the entry with the CRA's through their dispute mechanisms.

    Comment


      #3
      Actually, I am referring to both: "lien being reported on my CRA" and the lien itself.

      Would I still be obligated to pay any outstanding balances on the lien? What impact would this lien have in me trying to sell my current house within the next 2-3 years after discharge?

      Additionally, have anyone had any success in having such an item removed from the public record session of their credit report?
      09/16/2004 - Filed Ch 13
      10/28/2004 - 341 Meeting - done
      12/16/2004 - Date Confirmed
      - Date Closed

      Comment


        #4
        Since you surrendered the time share, and the lien was attached to the time share (correct?), then the Chapter 13 takes care of that, and you should not have any more financial obligation on that lien once your chapter 13 is discharged, (but your case has to go to discharge, don't let your case get dismissed).

        As for the CRA, since the lien is a result of summary judgment, that will probably stay on your credit report as a public record. However, once the case is discharged, a notation that the lien is satisfied, (or something similar) should appear.

        Comment

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