As a result of a class-action lawsuit settlement, the three major credit-reporting bureaus have made efforts to properly update credit reports after consumers have filed for bankruptcy. When you file for personal bankruptcy protection and you have debts that are discharged as a result, your credit report is supposed to be updated to show that you no longer have those debts to pay. Although the bureaus are working to ensure consumers’ credit reports are more accurate, consumers should be aware that their discharged debts will not immediately disappear from their credit reports. Prior to the class-action lawsuit, the bureaus were frequently failing to update consumers’ reports, making it hard for them to be approved for credit after filing for bankruptcy. An incorrect credit report not only incorrectly reflects their debt-to-income ratio, but it also makes it hard for consumers to improve their credit score.
The class-action lawsuit started as multiple lawsuits in 2005 and 2006. The case said that the three major credit bureaus, Experian, Equifax and TransUnion, were issuing credit reports stating that consumers were delinquent on loans and other forms of debt that had been eliminated through bankruptcy. Some plaintiffs in the case claimed that the three credit bureaus did not look into the errors, even after they had filed a complaint. Although the lawsuit was thrown out in the appeals court, improvements to the bureaus’ bankruptcy reporting procedures were already underway. A $45 million financial settlement in the suit was approved by the trial court, but later thrown out by the appeals court because the court claimed some plaintiffs in the case stood to benefit more than others.
If you are in a financial crisis and are considering filing bankruptcy, contact an experienced Miami bankruptcy attorney who can advise you of all of your options. As an experienced CPA as well as a proven bankruptcy lawyer, Timothy Kingcade knows how to help clients take full advantage of the bankruptcy laws to protect their assets and get successful results. Since 1996 Kingcade & Garcia, P.A. has been helping people from all walks of life build a better tomorrow. Our attorneys’ help thousands of people every year take advantage of their rights under bankruptcy protection to restart, rebuild and recover. The day you hire our firm, we will contact your creditors to stop the harassment. You can also find useful consumer information on the Kingcade & Garcia website at www.miamibankruptcy.com.