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02-21-2006, 11:51 AM
| | Member | | Join Date: Sep 2003
Posts: 47
| | | Erroneous Judgement on My Credit Report
What is the name of your state? Florida
I filed Chapter 7 back in July, 2003. My case was discharged in December, 2003. All has been fine since then regarding my credit. I applied for a refi on my existing mortgage last week, and I was very quickly conditionally approved. The condition being the appearance on my credit report of a judgement from Chase Bank in the amount of approximately $12,000. This judgement was, of course, included in the Chapter 7.
The lender, before finalizing my new loan, needs verification that the judgement was included in the bankruptcy. The problem is the records for my case have already been archived out of state. I am in Florida, and the clerk in the records office told me that archived files can take two to three weeks to be sent back to their local office. Is there a more efficient way to have that judgement shown as it really is: as included in the bankruptcy? Thank you!What is the name of your state? |
02-21-2006, 07:37 PM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | | If your case was discharged in 2003 there's a pretty good chance its still on PACER. You can get a login for PACER and pull up your entire BK case on-line and print it out for you mortgage company.
AFter that, you need to file a motion to vacate that judgment in the court where it was rendered. Then you can later dispute it off your reports entirely.
__________________
"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
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03-13-2006, 07:56 PM
| | Member | | Join Date: Sep 2003
Posts: 47
| | I have a Pacer account, but I guess I'm using it incorrectly. 
I can find my file there, but I don't see any option for printing documents out. And I don't see any document in detail, just a title for it. Any ideas?
Thank you!
Now, if Pacer doesn't still have my case on file, and the local County doesn't either, are there any options for me to prove that judgement was included in the filing? Will the Trustee have the case on record, for example? |
03-13-2006, 08:02 PM
| | Senior Member | | Join Date: Feb 2002 Location: Nashville,TN
Posts: 15,706
| | | Without knowing exactly how you're pulling up your case, its hard to know what you're looking for. I usually do a Query, put in the case number, then go into the Docket Report. The documents should come up as PDF files, but if not, you can print from your browser. If it comes up as a PDF, save a copy to your PC, then you can print it.
If all of the schedules aren't there, you can get a copy of the case file from the bankruptcy court. If they've already sent it to the archives, you can get a form and request the file, it costs about $10 and takes about 2 weeks.
__________________
"Knowledge is Power - use it as you see fit !
I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice.
|
03-13-2006, 08:16 PM
| | Member | | Join Date: Sep 2003
Posts: 47
| | | Thank you for the quick reply. Much appreciated! | |
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