Legal Question in Bankruptcy in Nevada

My ex- son-in-law filed bankrupcy with his present wife the problem is he filed on charge cards that he didn't take my daughter's name off of now it shows up on her credit report what can she do to have this problem resolved she never signed anything and they live in a different state. Thank You


Asked on 3/11/10, 9:05 am

2 Answers from Attorneys

Randy Creighton Black & Lobello

In order to correct any outstanding negative reports on her credit she will have to dispute each account with each credit bureau. The first step is to obtain a credit report from each bureau, and this can be done FREE at annualcreditreport.com. After obtaining each credit report, she can submit a dispute stating that she was only an authorized user on the accounts in bankruptcy. The dispute time is roughly 45 days.

If this does not work, she can contact each individual creditor in hopes of having her name removed from being reported. This can be difficult and very time consuming.

Thanks

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Answered on 3/16/10, 9:21 am

The issue your daughter has is not with her spouse's bankruptcy, but with the credit bureaus.

She will want to be careful that her credit repair activity doesn't result in the creditors reopening their file and coming after her to collect. If the credit report indicates that the debts were discharged in a bankruptcy, that means she doesn't have to pay them! So I would ask what is more important, having some negative credit for a while or paying these debts ?

One solution is to file an online or mailed in dispute to each of the credit bureaus. She should only indicate that "she did NOT file bankruptcy."

My experience is that filing disputes is not difficult or time consuming, but you have to follow the process which the credit bureaus clearly explain on their websites.

Good luck!

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Answered on 3/16/10, 10:22 am


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