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Consumer Bankruptcy : Chapter 7, Chapter 13, Protection From Claims of Creditors
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Old 06-27-2002, 10:07 PM
yelverton
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Consumer bankruptcy


What is the name of your state? NC

My ex-husband filled bankruptcy. We had one Joint account at the time. I have since paid the account in full, but they are still reporting the account in bankruptcy on my credit report. I was never notified of the bankruptcy it just apeared on my credit and I started being denied credit. I have disputed this with the bank and the credit reported agencies, but nothing has been accomplished. Is there anything I can do to have this removed from my credit report?
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Old 06-28-2002, 07:07 AM
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Join Date: May 2001
Posts: 6,453
THere should be some relief. This past March, a Federal Appeals Court in a case called Nelson vs Chase Manhattan gave consumers the right to sue CRA's who report false information. In a nutshell, Mr. Nelson cosigned a mortgage with someone who filed bk. Nelson did what a cosigner should do and that is, keep paying the mortgage. A couple of years go by and Nelson tries to finance a car and learns that he has a bk on his credit report. Apparently, Mr. Nelson has no sense of humor about this and sues Chase and the 3 CRA's. 2 CRA's settle out of court but Chase and a 3rd CRA get the case dismissed. Nelson appeals and the FTC weighs in on his side. The 9th Circuit in a 3-0 decision ruled in Nelson's favor.

Couple of sites of interest. [url]www.bankersonline.com.[/url] Enter "Court Watch" in the search function and then, scroll to Fair Credit Reporting. Also, do a "google search" using Nelson vs. Chase Manhattan as the subject and about halfway down the page there is a link to the case in PDF format.

The FCRA allows you to recover legal fees if you sue. It may well be worth doing some research and then, calling a lawyer. FWIW, a member at [url]www.creditnet.com[/url] sued Sears and Equifax and cited this case. He settled for $500 each and a deletion. Good luck!
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