Bankruptcy filed in incorrect district in Georgia

[bulldwgs198]

I filed bankruptcy back in 2010. I had just gone through a very bad divorce and was just ready to get everything behind me. Due to an error from my attorney, the bankruptcy was filed in the wrong district. Now, I have 2 bankruptcies showing: One that has discharged and one that dismissed because of being filed incorrectly. I have the Motion to Transfer Venue and the Order to Close the case (in the incorrect venue). Can I simply provide the paperwork and documentation to the credit bureau's and have them remove it? Or.. Would I need to have an attorney send a request to vacate? I might be missing something so if there is another option, please I am open to hearing it.

 

[Zigner]

I filed bankruptcy back in 2010. I had just gone through a very bad divorce and was just ready to get everything behind me. Due to an error from my attorney, the bankruptcy was filed in the wrong district. Now, I have 2 bankruptcies showing: One that has discharged and one that dismissed because of being filed incorrectly. I have the Motion to Transfer Venue and the Order to Close the case (in the incorrect venue). Can I simply provide the paperwork and documentation to the credit bureau's and have them remove it? Or.. Would I need to have an attorney send a request to vacate? I might be missing something so if there is another option, please I am open to hearing it.

Yes, I would suggest that you start by disputing it and send the paperwork along with a letter of explanation.

 

[bulldwgs198]

Yes, I would suggest that you start by disputing it and send the paperwork along with a letter of explanation.

Update: I disputed the information through Equifax and even uploaded the supporting documents, and a letter of explanation. I did this on February 15th and I just got a reply saying that the "bankruptcy was reviewed and is reporting correctly" I don't get it. Am I supposed to be have keep this duplicate bankruptcy because my attorney made a mistake? Any other idea's?

 

[tranquility]

Update: I disputed the information through Equifax and even uploaded the supporting documents, and a letter of explanation. I did this on February 15th and I just got a reply saying that the "bankruptcy was reviewed and is reporting correctly" I don't get it. Am I supposed to be have keep this duplicate bankruptcy because my attorney made a mistake? Any other idea's?

Give the attorney a call and ask if he has any ideas. Let's face it, you have an unusual situation. It is difficult to get out of an unusual situation with general knowledge. Here, we tend towards general knowledge. You don't have a complaint against the court or the credit reporting bureaus, as they are just telling the truth. My *guess* is that you will have to do some civil procedure folderol to disappear the incorrectly filed suit if it is still showing active. If the attorney screwed up, he should be willing to do what is necessary to unscrew things.

 

[bulldwgs198]

Give the attorney a call and ask if he has any ideas. Let's face it, you have an unusual situation. It is difficult to get out of an unusual situation with general knowledge. Here, we tend towards general knowledge. You don't have a complaint against the court or the credit reporting bureaus, as they are just telling the truth. My *guess* is that you will have to do some civil procedure folderol to disappear the incorrectly filed suit if it is still showing active. If the attorney screwed up, he should be willing to do what is necessary to unscrew things.

Thank you for the advice. I agree I am probably going to have to get an attorney involved. Ironically enough, the company that filed my petition has since declared bankruptcy. I might try Legal Zoom or something like that. You are correct, the court and credit bureau are telling the truth as they know it. So, I cannot blame them for doing their job. Thanks for the information. If you think of anything else, let me know. I will check back..

 

[tranquility]

Thank you for the advice. I agree I am probably going to have to get an attorney involved. Ironically enough, the company that filed my petition has since declared bankruptcy. I might try Legal Zoom or something like that. You are correct, the court and credit bureau are telling the truth as they know it. So, I cannot blame them for doing their job. Thanks for the information. If you think of anything else, let me know. I will check back..

Even with a company or corporation that gives protection from financial liability, there was an attorney. Ethical issues may force compliance or sanction.

 

[bulldwgs198]

Even with a company or corporation that gives protection from financial liability, there was an attorney. Ethical issues may force compliance or sanction.

Thanks for all the advice. I am not sure who could benefit from this but (maybe it can help someone) I ended calling the Clerk of the Georgia Bankruptcy Courts. He told me that the credit bureau's have a system that they run the information through and as long as it appears correct, they just leave it on there. Apparently, when I would dispute this with the bureau's this is all they were doing, no matter how much documentation and proof I had. The Clerk (who was very helpful) said that I need to go above the average agent to get something like this resolved. So, today I emailed the CEO of Equifax (a very nice email asking for help) and I got confirmation that, at least, Equifax has removed the duplicate from my credit report.

Again, I am not sure if this helps anyone but I thought I would share my experience. Thanks for all the excellent advice. I am very appreciative. I am trying the same tactic with TransUnion. "Fingers Crossed"