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deleted from your credit record after seven years.
The right to have a bankruptcy deleted after ten years.
The right to sue a credit bureau for damages if it willfully
and negligently violates the law. (if you are successful in
your lawsuit, you may collect attorney fees and court costs
as well.)
The right to be notified by a company that it has requested
an investigative report on you.
The right to request from a company pursuing an
investigative report more information about the nature and
the scope of the investigation.
The right to know the nature and the substance of the
investigative report but not the sources.
The FCRA does not require that:
A credit bureau provide you with a copy of your credit file.
(Some bureaus will do so, however, if you request it.)
A business or individual do business with you.
Any federal agency intervene on your behalf.
A credit bureau add information on accounts not already in
your file. (Some credit bureaus will do this for a fee .)
Also, the FCRA does not apply to applications for commercial
credit or business insurance.
NOTE: Credit bureaus may report bankruptcies for longer than
ten years and other negative credit-related information for
longer than seven years in the case of loans for more than
$50,000, insurance policies greater than $50,000 and jobs
paying more than $20,000/year. Also, information concerning
a lawsuit or judgment against a consumer can be reported for
seven years or until the statute of limitations runs out,
whichever is longer.
Bankruptcy
Negotiations with creditors have failed. Repossession is
imminent and foreclosure proceedings have begun. Your income
is simply not sufficient to pay your bills, no matter how
low the payments are. It may be time to consider
bankruptcy.
Bankruptcy law evolved as a reaction to the abuses
surrounding debtors prison. Before the nineteenth century a
prison system existed for those who didn't pay their bills.
If a merchant filed a claim, the debtor was incarcerated
until his debts were paid. (Women were not found in debtor's
prison, not because of chivalry but because they did riot
have the ability to borrow). The lender was legally
responsible for the expenses of the prison stay, including
food, but seldom paid. After all, a debtor would have to
sue in order to enforce this law, and it was rather
difficult to sue when in prison. As a result, many
borrowers languished in prison for years, surviving on what
their family could bring to them or, in many cases, simply
starving to death. Although some lenders would doubtless
not object to the renewal of debtor's prison, fortunately we
live in more enlightened times. Bankruptcy was created to
provide a second chance (or third, or fourth) to those
hopelessly in debt It provides a mechanism to wipe the slate
clean and begin anew. As times have changed, though, so has
the bankruptcy code. Not all debts can be wiped out. The
proceedings can be easily disqualified in the event of
improper procedures. There are many things a debtor should
know before resorting to bankruptcy.
The Bankruptcy Decision
There are two kinds of individual bankruptcy: Chapter 7 and
Chapter 13. Chapter 7 bankruptcy, named for the chapter
number in the bankruptcy code, requires a full liquidation
of all debts and cancels all no-exempt debts. Chapter 13
bankruptcy is essentially a court-mandated payment plan that
sets up affordable monthly payments to your creditors,
The decision to declare bankruptcy is not an easy one.
Unfortunately, many bankruptcy attorneys recommend
bankruptcy to just about anyone they consult with. All too
often frightened consumers are advised to declare bankruptcy
just to avoid a few debts. This is a mistake. Bankruptcy
should truly be a last resort as the legal system meant it
to be. A bankruptcy appears on your credit for ten years,
and although lending criteria are slowly changing, many
lenders will not even consider an applicant who has had a
bankruptcy. What's more, a Chapter 7 bankruptcy can cost
you most of your property. Before making a decision to
declare bankruptcy, estimate how bad your situation really
is. On a piece of paper, make a list of all your assets and
the approximate value they could be sold for. On the other
side, add up all of your debts. If the debts exceed the
assets by a large percentage, you may wish to consider
bankruptcy. On the other hand, if it seems that your
situation may improve (you may get a new job or a second
income), or if your assets are of greater value or close in
value to your debts, a different approach may be
appropriate.
Negotiate with your creditors
Explain your situation and ask for more time to pay. If the
creditors refuse and continue to threaten garnishment tell
them such action would force you into bankruptcy. No
creditor wants to hear the "B" word. Using bankruptcy as a
threat is a very powerful negotiating tool, confronting
creditors with a choice between getting a little each month
or probably getting nothing through bankruptcy. Don't try
this tactic on secured creditors. They may decide to
repossess your property to avoid having to go through
court.
Contact Consumer Credit Counseling
As mentioned earlier in the book, Consumer Credit Counseling
is a non-profit group funded by creditors to help consumers
negotiate repayment plans. It is often able to negotiate
payment arrangements better than the individual because of
its constant contact with a variety of creditors. If you
can't negotiate a satisfactory arrangement, give these
people a try. Remember, the fact that you are using credit
counseling may appear on your credit record.
Consider Chapter 13 bankruptcy
This kind of filing allows you to repay your debts in a
court-mandated fashion and will appear on your credit record
for only seven years, If negotiations fail or there simply
isn't enough money to make ends meet Chapter 7 bankruptcy
may be your only option. Bankruptcy does not necessarily
discharge all debts. If your debts are exempt from
bankruptcy, filing will do very little to improve your
situation. If a co-signer was used, the debt would then be
owed by the co-signer, unless that person also declared
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