Blog

What your credit report won’t tell your bankruptcy attorney.

When a consumer files bankruptcy, they are required to disclose all their creditors. This includes debts that may be disputed, or debts that are not in writing, such as personal loans from friends or family. While a credit report is a useful tool for identifying creditors, there are some creditors who are not permitted to report to the credit bureaus or simply choose not to do so. PREPARING AN ACCURATE BANKRUPTCY PETITION WHY YOUR CREDIT REPORT MAY NOT DISCLOSE ALL OF YOUR DEBTS

Medical bills, unless they have been turned over to collection, rarely appear on credit reports. Many healthcare providers are concerned that the listing of a medical debt on a credit report would constitute a violation of health privacy laws. If you have the original medical bills, provide those to your bankruptcy attorney. In some cases, you may not have the bills, but being able to identify the healthcare provider would greatly assist your bankruptcy attorney in preparing an accurate petition, even if you are not sure of the exact amount of the debt that is owed.

If you have a title pawn, that debt will not appear on your credit report. Instead of being an extension of credit, a title pawn is a monthly transaction that is renewed each month. Likewise, many local “buy here/pay here” automobile lenders do not report to the credit bureaus. In order to verify a “buy here/pay here” debt, your bankruptcy attorney will probably want to see a copy of the vehicle purchase contract. Keep in mind that listing a debt on your bankruptcy does not necessarily mean that you are going to lose or forfeit the collateral. But to give you the most accurate advice, the disclosure of all your creditors is essential.

Internet payday lenders, such as Dave (with the cute bear puppet) or Earnin, choose not to report to the credit bureaus. However, other internet payday lenders such as Affirm, will report to a credit bureau if the account has gone into default for collection. To identify these short-term internet lenders, you should probably review your bank or credit union statements very carefully. Again, like medical debt, the most important thing is to know the identity of the creditors, as the amount owed is not as important. The Price to be Paid for Obtaining Your “Free” Credit Score

If you have a rent to own agreement (such as Aaron’s, Acima Credit or Progressive Leasing), that will probably not appear on your credit report unless it has gone into default. If you have a rent to own item, such as a TV or a computer, you need to notify your bankruptcy attorney. Many times, your bankruptcy attorney will request a copy of the rent to own agreement to confirm the terms and the collateral.

When at all possible, it is the best policy to provide your bankruptcy attorney with the actual bills and collection notices so that all of your debts will be disclosed to the bankruptcy court. COMMON MISTAKES THAT PRO SE DEBTORS MAKE IN CHAPTER 7 CASES

Do not rely entirely on the accuracy of your credit report to provide the Bankruptcy Court with all of your debts.