We ask the CRA’s to re-investigate each of the creditors’ reports that were listed in the bankruptcy, to be sure they are reporting accurately. If they were discharged in bankruptcy, the balance due should be listed as zero, and there should be a notation that the account was “discharged in bankruptcy.”  This is a derogatory item on your credit report, but at least it shows a zero balance. If you don’t do this “re-investigation” or dispute process, it’s possible that the creditors will continue to report a balance due (or just not report anything new), which makes it look like you charged up debt after the bankruptcy, and didn’t pay it. That is worse.

And once it shows discharged in bankruptcy, the item must be removed in 7 years. Not only that, the older that item becomes, the less it hurts your credit score. Not sure how to dispute items on your credit reports? You can go to the web address http://www.myfaircredit.com/s/correcting-your-credit, it tells you exactly how to do it.

Most of the time, it works quite well. If a bankruptcy client pays their bills on time after filing bankruptcy, and uses credit responsibly, their credit scores can recover into the mid 600′s after one year after bankruptcy, and possibly to 700 or so after two years.

We do the credit clean-up for clients, because even though we tell them how to do it, after bankruptcy many of them just either: (1) don’t get around to it; or (2) are just too overwhelmed by going through the bankruptcy, it is just not the most important thing to them at that time. Then when they decide they have to finance a new car, or buy a house, they decide to fix their credit, but unfortunately it can take a long time to work on your credit to get it right.

If you review your credit reports once a year, you can stay on top of the situation. By law, you can obtain free credit reports once per year from https://www.annualcreditreport.com. Review the reports, and follow the instructions to dispute any inaccurate information. Not sure how to raise your credit score? You can purchase your credit scores (they are not free, like your credit reports) at www.myfico.com, and also learn what you need to do to raise your score, and what it holding you back.

If you were turned down for credit, you should receive an “adverse action notice” or similar notice, which may also include your credit score, at no charge to you. Federal law was changed to require this starting in 2011. If you want more information about this, go to http://www.scoreinfo.org.

It takes time to get your credit back, once you have had problems with it, including bankruptcy. Whatever you do, to get your credit score headed in the right direction, make a budget and live on what you make. If you can help it, don’t default on medical bills, cell phones, or other items. But of course you must prioritize your bills, so never put those types of bills ahead of truly important things like housing, transportation, and other necessities of life for your family. There are more important things than a good credit score.

In fact, he said he had just refinanced his truck, the one that we reaffirmed in the bankruptcy, at a 4.3% interest rate. He said the banker offered to do it, and he told the banker that he must not have looked at his credit score. The banker looked at his credit score, and it was 680, not too shabby for someone less than a year after a bankruptcy case.

I’m sure it helps that we do a “credit clean-up” for clients at no additional charge after their bankruptcy. We write to the major credit bureaus and ask them to “reinvestigate” or update their records, to properly show that the discharged debts have a zero balance, and show that they were discharged in bankruptcy.

And so long as the client does their part, by paying any reaffirmed or new debts on time, it is not unusual for a client to have a credit score in the mid-600′s after one year, and 700+ after two years.

Now if you are one of those people who are always paying their debts late, or if you default on cell phone contracts or medical bills or something else AFTER the bankruptcy, then your credit will go right straight down again, and all bets or off.

But if you find yourself having to file bankruptcy, and you can keep your bills paid on time on a “going forward” basis, you can rebuild your credit rather quickly. And that’s good news, if you’re looking to buy something on credit, or try to refinance something, like my former client refinanced his truck.

Beautiful Surf off Puerto Rico October 2010

While most of my law practice is handling consumer bankruptcy cases here at my law office in Houston, occasionally I have a client that either can’t file bankruptcy for some reason, or doesn’t want to, and has some money with which to settle their debts.

For example, I finished a lady’s debt settlement case recently who would not have passed the “means test” to qualify to file Chapter 7 bankruptcy. And she would have had to pay a lot of money each month to a Trustee through a 5 year Chapter 13 plan. And she had about $88,000 in unsecured credit card debt that was delinquent, and the bill collectors were calling her night and day.

I was able to contact her bill collectors to make them stop calling her right away. Then over 6 months or so, we were able to arrange settlements of her debt for 26 cents on the dollar, or about $23,000 to settle $88,000. She was able to pull the money from a retirement plan. And it cost her less than $2500 in attorney fees.

I’m not saying all debt can be settled for that, but I thought this case turned out well for her, and she won’t have a bankruptcy on her record. But not all of my clients have access to that much money to settle. Another down side, the creditors can send 1099′s to the IRS, and you may have to pay income tax on the amount of debt that is forgiven.

It sounds kind of crazy at first, but the IRS figures, if you don’t have to pay a debt, it is just like you made that much money, and they tax you on it. There are exceptions to this tax problem, and a taxpayer can attach Form 982 to their tax return and avoid this result, if one of the exceptions applies.

But I do not recommend that people use the “debt settlement” firms that you see advertising heavily on TV or the internet. There have been cases where these firms have gone bankrupt themselves, and their clients have lost all the settlement money. At least one that I heard about, just absconded with all the money and the principals left town. And they are way too expensive. Most of them charge a percentage of what they save you, application fees, monthly fees, etc., it’s just way too much.

And, under the Fair Debt Collection Practices Act (FDCPA), if a debt collector knows that you are represented by an attorney, they are not permitted to contact you anymore; they must go through the attorney.

If you need help managing your bills or need to file a bankruptcy case, and you live in the Houston Texas area or surrounding counties, call my office at 713-772-8037, or visit my main website at www.jthomasblack.com to make an appointment.

MMI provides financial guidance and counseling, and if you qualify can put you on a debt management plan (DMP) to repay your debts over time. DMP’s don’t generally reduce your debt; they are “consolidation” plans, where you make one payment a month to MMI, and MMI pays your creditors for you.

For the people that can afford these DMP plans, they are fine. It can help you avoid bankruptcy. Many of my clients have consulted with credit counselors before they come see me, and legitimate ones like MMI will just tell them whether or not they can help them, or if they should consult an attorney about their debt problems, and possibly consider filing bankruptcy.

Most if not all of the “shady” debt settlement companies, are not even legally operating in Texas. To operate legally, they have to be registered with the Texas Consumer Credit Commissioner, and comply with the Texas Debtor Assistance Law, which almost none of them do.

To see if your debt settlement company complies, go to http://www.occc.state.tx.us/pages/searches.htm and click on “List of Debt Management Service Providers. If your company is not on that list, they are not operating legally in the State of Texas.

I just had a couple come in to the office this morning, that had paid a debt settlement company $9000 in fees, and the company had only settled one debt for them. Then they were sued for $19,000 by a creditor, and the debt settlement company told them they needed to file bankruptcy.

So the debt settlement company basically did them no good at all. We will likely put them into a Chapter 13 bankruptcy, paying $450 per month for 5 years. That will repay 30% of their $75,000 in unsecured debt, with the rest being discharged or cancelled. And no one can sue them or call them at work trying to collect, once they file Chapter 13.

If you are interested in consulting with me about your options, including filing a bankruptcy case, and you live in the Houston Texas area or surrounding counties, give my office a call at 713-772-8037 and make an appointment to meet with me. Or you can make an appointment on my website at http://www.jthomasblack.com. There is no charge for your first visit.

Anyway, welcome to Sugar Land, MMI. I’m sure you will be a good neighbor!

The problem with that was, that unless the Debtor requested a reinvestigation, when they applied for credit years later, it still looked like they owed money to all these places. In fact, it looked like they had incurred new debt after the bankruptcy, and then not paid it, which I understand is even worse on your credit.

My firm has been doing a complimentary “credit clean-up” for clients for several years now, and it has worked rather well. We help our clients order a reinvestigation of credit from all the major credit bureaus, when each client receives a bankruptcy discharge. It requests that all the discharged debts show as a zero balance and that they were discharged in bankruptcy. I’m told it increases clients’ credit scores by anywhere from 25-150 points.

Anyway, for most people that go through bankruptcy, whose lawyer does not do a “credit clean-up” for them, having the old trade-lines still show up can be a major problem. It can keep them from getting credit, car loans, mortgages, all kinds of things.

Finally, someone brought a class action, and Terri White is one of the named plaintiffs.  The credit bureaus have agreed to fix your credit after bankruptcy now, apparently without being asked, and pay some money damages to certain consumers.

Who is covered? If you received a Chapter 7 discharge and your credit report was issued by one of the Defendants between March 15, 2002 and May 11, 2009 (or, for California residents in the case of TransUnion, between May 12, 2001 and May 11, 2009), and the credit report reported debts that were due and owing which were discharged in the bankruptcy.

If this is you, you may be due certain payments, from $20 to $750, depending upon if you can prove that you were denied a job, a mortgage, or other credit by reason of the erroneous credit report(s).

Should you take it? It’s a decision for you and your lawyer, if you have one. Of the $45 Million settlement, the lawyers for the class get $10 Million. Consumers split the remaining $35 Million.

For the official website that describes the settlement in detail, and provides a claim form, go to http://www.bankruptcydischargesettlement.com/.

For a web site that argues against the settlement, and suggests that you may want to object to it, go to http://stopthebankruptcydischargesettlement.com/.

Good luck!

Flowers at Moody Gardens, Galveston Texas

If your credit card debts are delinquent, backed up or behind, or about to get that way, and you think you may be able to pull things out WITHOUT filing bankruptcy, some of the major credit card banks just set up a website that may help you.

The new website is http://www.helpwithmycredit.org/index.php, and it appears to be a useful start at helping people who have credit card trouble. Of course in my opinion, the banks should have done this a long time ago, before the credit card delinquency rate was 10% like it is now, but I applaud them for doing it, anyway.

If you would, check it out and post a comment to tell me what you think of it, and whether it helped you or not.