Don’t Admit Guilt: Never send a letter to the bureau admitting the Bankruptcy. “My discharge date is incorrect.” You have admitted to filing bankruptcy. Here a strategies used to remove a bankruptcy. it doesn’t mean that it will work but has worked on several cases. After one has file, the should do the following:
Extremely important: Go to www.optoutprescreen.com and opt out of all information sharing system.
Extremely important if you can delete the address where the bankruptcy was filed from your credit report. If you still live there, it can be problem because you will still have accounts tied to that address. You will have to try a different approach.
File a motion to seal all documents that were file with the court as pursuant to Rule 1005 of the Bankruptcy procedure. In this regard all documents filed with the court will only contain the last four digits of a ss number or tax identification number.
Wait 27 months because courts keeps their records for 24 months in active state and dispute this item as below.
In one case a client with a very common name challenged their bankruptcy this way. They opt out and had their address removed. Then they petition the court and file a motion to seal all documents that only showed the full name, address and last four of SS number. Once this was done, they send in a dispute letter with the following. DO NOT LIE or commit fraud. You can create suspicion and they will have to be able to verify the information but one can use procedures to their benefit.
Hi my name is Robert Jones, there is a huge issue with my credit report, apparently someone with a similar name file bankruptcy and it is appearing on my credit report. I disputed this at first but it came back as verified. How can you verified this bankruptcy because when I reached to the courts in this district they stated that partial information is reported to the credit bureau and there could be a mixed up. Therefore, there is not way to obtain full information regarding that case even for me to verify? Not removing this item is damaging to me an erroneous. Please delete at once or provide me the details of your verification.
Result: They bureau noted that the name was similar but not the address and they only saw the last four digitals of the SS number. They promptly deleted the bankruptcy. The credit bureau could not tie all of the information to Robert Jones file.
Robert Jones was able to dispute all (I.I.B.) because the bankruptcy was gone. All of those accounts were deleted too.
Rule 1005. Caption of Petition
The caption of a petition commencing a case under the Code shall contain the name of the court, the title of the case, and the docket number. The title of the case shall include the following information about the debtor: name, employer identification number, last four digits of the social-security number or individual debtor’s taxpayer-identification number, any other federal taxpayer-identification number, and all other names used within eight years before filing the petition. If the petition is not filed by the debtor, it shall include all names used by the debtor which are known to the petitioners.
Notes
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Mar. 27, 2003, eff. Dec. 1, 2003; Apr. 23, 2008, eff. Dec. 1, 2008.)
Notes of Advisory Committee on Rules—1983
The title of the case should include all names used by the debtor, such as trade names, former married names and maiden name. See also Official Form No. 1 and the Advisory Committee Note to that Form. Additional names of the debtor are also required to appear in the caption of each notice to creditors. See Rule 2002(m).
Committee Notes on Rules—2003 Amendment
The rule is amended to implement the Judicial Conference policy to limit the disclosure of a party’s social security number and similar identifiers. Under the rule, as amended, only the last four digits of the debtor’s social security number need be disclosed. Publication of the employer identification number does not present the same identity theft or privacy protection issues. Therefore, the caption must include the full employer identification number.
Debtors must submit with the petition a statement setting out their social security numbers. This enables the clerk to include the full social security number on the notice of the section 341 meeting of creditors, but the statement itself is not submitted in the case or maintained in the case file.
Changes Made After Publication and Comments. The rule was changed only slightly after publication. The rule was changed to make clear that only the debtor’s social security number is truncated to the final four digits, but other numerical identifiers must be set out in full. The rule also was amended to include a requirement that a debtor list other federal taxpayer identification numbers that may be in use.
Committee Notes on Rules—2008 Amendment
The rule is amended to require the disclosure of all names used by the debtor in the past eight years. Section 727(a)(8) was amended in 2005 to extend the time between chapter 7 discharges from six to eight years, and the rule is amended to implement that change. The rule also is amended to require the disclosure of the last four digits of an individual debtor’s taxpayer-identification number. This truncation of the number applies only to individual debtors. This is consistent with the requirements of Rule 9037.