Legal Question in Bankruptcy in Virginia

Re: Once you file bankrupt does an eviction remain?

Hi.

Did you list this creditor on your bankruptcy papers? This is all important, since otherwise it MAY be deemed to have not been discharged by your bankruptcy (presuming you got a discharge in bankruptcy).

Presuming the answer to the above is yes, and just answering the question at face value, send a letter to the credit agency by certified mail, return receipt requested, advising that you filed for bankruptcy, got your discharge, and this debt was wiped out. Enclose the copy of the stamped petition, the page of the schedules on which this debt was listed, and a copy of your discharge notice. Get a new credit report in a month or so, to see if this is now listed. If not, write a new letter, enclosing your prior letter and copies of all enclosures, by certified mail again. This will ensure this all is in fact duly noted on your credit report.

Please realize: it's hard to rebuild your credit rating, and your attorney should have given you advice on how to do so, in my opinion. Please further realize that bankr. will remain on your credit report for up to 10 years (sine it's not allowed under federal law to remain for more than 10 years). However, people who do have bad credit ratings do find it advantageous to file for bankruptcy, since (a) it relieves them from present hardship of enforcement of debts, (b) bankr. can't really hurt these people's credit ratings any further, and (c) bankr. can actually help the credit rating, if people rebuild credit ratings right, since no one will lend to someone whose credit rating shows creditors lined up before them, and bankr. means can't go ch. 7 again for at least 6 years.

But you have to rebuild credit rating right, and not "screw up again" by failing to pay any debt.

Hope this was helpful.

Good luck.

Neil Ackerman 516-228-8245