CREDIT REPAIR

Southern California Bankruptcy Laws

When you retain us to file either a Chapter 7 or Chapter 13 Bankruptcy Case, the services are threefold.  First, we immediately instruct all creditors to stop all future communications and harassment.  If they violate the State and Federal Laws in this regard, we sue them.  Second, we prepare, file, and conclude your Bankruptcy case, from start to finish.  In Chapter 7 this is generally 4 months and Chapter 13 generally 3 to 5 years.  Finally, we clean up your credit after discharge and case closing.

Once you receive discharge, your credit reports should report each debt with a $0.00 balance and "discharged in bankruptcy."  Reporting anything else is simply illegal.  For instance, the following items would be illegal to report by a creditor:

1) Balance of $5,000
2) Past Due $350
3) Charge Off on (date after bk filing date)
4) 90 days past due(if past due arose after filing date)
5) Foreclosure(if took place after bk filing date)
6) Repossession(if took place after filing date)
7) Collections

It is illegal if a creditor either uploads this false information each month after discharge, or just fails to update and correct this information.  Unlike other bankruptcy attorneys, we make sure all the credit bureaus are notified of your Bankruptcy Filing.  Likewise, we make sure all the credit bureaus are aware of the Bankruptcy Discharge.  Finally, we send dispute and verification letters after your discharge to all the credit bureaus.  These 3 separate and individual notices sent to all the credit bureaus trigger the laws under the Fair Credit Report Act (FCRA) which then require communications to take place between the credit bureaus and your creditors to make sure all accounts are reporting a $0.00 balance and "included in bankruptcy."

If anything else is then reported, we then offer services to reopen your case and sue that credit report.  Generally, this results in the creditor paying our attorney fees, paying you compensation, and deleting the false information.   But depending upon the circumstances, the lawsuit would be huge.  For example, in September, 2007, over a million dollars was awarded against Wells Fargo for false reporting!

Since its big business to leave false information on credit reports in the hopes that the debt might be paid to repair credit, refinance a home, or buy a car, we frequently see false credit reports.  What's worse is that despite all the lawsuits we bring against creditors for this illegal conduct, they still continue.  This is because it still remains more profitable to pay out claims which is only a small fraction of all the money they are making from the false reporting.

So if you find anything on your credit report that is not reporting $0.00 balance and "included in bankruptcy," please bring that to our attention.  Generally you will receive an updated credit report as a result of our services about a month after you receive discharge.  We strongly also recommend that you get a copy of your credit report 6 months after discharge, since in many cases, the creditor only temporarily complies with the laws, but later reports the false information after you think it was correct. Remember, reporting is done monthly, so its advisable to check your credit at least twice a year.  You can do so either by us pulling your credit for a fee or through annualcreditreport.com.

For further information regarding our firm or to schedule a consultation with a San Diego based bankruptcy attorney please CLICK HERE. Hablamos Espanol.

PURSUANT TO THE NEW LAWS, WE MUST DISCLOSE THAT WE ARE A DESIGNATED DEBT RELIEF AGENCY UNDER 11 U.S.C. ß528. WE HAVE SUCCESSFULLY ASSISTED TENS OF THOUSANDS OF SOUTHERN CALIFORNIANS IN FILING BANKRUPTCY, DISCHARGING BILLIONS OF DOLLARS, AND WILL CONTINUE TO DO SO UNDER THE LAWS.