Legal Question in Bankruptcy in Missouri
We filed for bankruptcy and than backed out of it so it never when through court, however,
all three credit reports show we filed bankruptcy.....So my question is, how do I straighten this
out. Seems like it should be easy enough but none of the credit companies are eager to help.
Thank you for your time as it is appreciated
1 Answer from Attorneys
I'm not exactly sure about the sequence of events.
If you mean you hired an attorney and perhaps gave out his/her name to creditors, but never actually filed the bankruptcy, but the credit reports state that a bankruptcy petition was filed, then the information is not accurate. Correcting credit reports is a little out of my comfort zone, but I'd search for 'credit report errors' or something similar; many websites give info.
If you mean that you actually filed the bankruptcy, but your case was dismissed or otherwise closed without the bankruptcy court having granted you a discharge of your debts, then the credit reporting agencies are correct in reporting that a bankruptcy petition was filed. It would be inaccurate to report that a bankruptcy petition was never filed.
As soon as a petition is filed the court assigns it a case number. The goal in bankruptcy is to obtain a discharge of one's debt, so that the filer gets a fresh financial start. However, a case may be closed, either by dismissal or some other reason without the entry of a discharge order. This does not negate or otherwise "undo" the original filing
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