Credit Reports

Building credit after bankruptcy

Tuesday, January 10th, 2012

bankruptcyIn an earlier post, we told you about the effect bankruptcy can have on your credit score. People who put in some effort to rebuild their credit after bankruptcy can usually make their score rise a lot faster than people who just wait for their credit to fix itself. here we give you some tips for boosting your credit score after bankruptcy.

1. Check-up on your credit report. After filing bankruptcy, it’s important to make sure that your creditors have wiped your debts clean, or at least noted that the debt was discharged in your case. If old pre-bankruptcy debts come back to haunt you, they can drag down your score. That’s why for our clients, we offer a free check-up appointment after a bankruptcy case is finished. We’ll look over your credit report to make sure everything that was supposed to be wiped out was wiped out. If any accounts are still showing as active or in collection, we may use the Fair Credit Reporting Act to fix your report.

2. Secured credit cards (and other products designed to fool the credit scoring system). After bankruptcy, you might not be eligible to get a new credit card, or the cards you can get might not be the ones you want (watch out for sky-high rates, and predatory contract terms from the credit cards that solicit recent bankruptcy filers). Secured credit cards work like this: you give the credit card company some money for collateral (say, $500) and they give you a credit limit equal to the amount of collateral. But you use it like a credit card–your charges don’t draw down the collateral–the money you deposited just stays on file in case you default on the debt. And unlike a debit card, your on-time payments will help boost your score.

You can get a secured card by comparing cards on bankrate.com. But it might be an even better idea to approach a local bank or credit union that you have a strong relationship with–they might offer low-cost products that are meant to help you without all the tricks and traps.

3. Eventually, get an unsecured credit card. Often, after a year or so of on-time payments, the secured credit card company will return the collateral money and convert the account into a full-fledged credit card. A few months of on-time payments may also qualify you for more credit. Gas and store credit cards will probably be easiest to get, although they don’t have quite the same score-boosting effect as major bank credit cards do. But remember what got you into trouble in the first place–pay off your balances in full every month, and watch out for sleazy credit card practices that might get you back in trouble.

4. Stay away from credit repair scams. There are services out there that claim they can fix your credit for a fee. But these services aren’t worth the hassle. First of all, some of them will commit fraud to by trying to remove negative, but true information from your credit report, which may get you into more trouble in the long run. Also, you can probably do anything they’d do for you on your own without spending the money. In particular, stay away from any service that want money upfront for fixing your credit–this is prohibited by the Credit Repair Organizations Act, a federal law that governs credit-fixing agencies.

If you’ve filed bankruptcy and want help rebuilding your credit, or just considering bankruptcy and want to know what the impact on your credit will be, give us a call.

Buying electronics to improve your credit score? Probably not too wise

Tuesday, June 21st, 2011

Do you need a computer, but have bad credit or no credit at all? Would you like a free TV, an mp3 player and a printer with your order? Who wouldn’t? Unfortunately, even though ads offering all of this AND the promise of improving your credit score are all over late night television, you’re unlikely to be as thrilled as the people on the commercials were with your results.

You’ve probably noticed that the only requirement to participate in this deal is that you have a checking account. The reason for this is that the company will be automatically deducting your payments from your checking account on a WEEKLY basis. From what I’ve read, these payments are generally between thirty and forty dollars per week. That means you could be paying up to $175 dollars a month. If you don’t have the money in your account when they attempt to deduct it, you could be hit with overdraft fees and potentially other charges from both the bank and the company.

These companies promise to report on your credit. They advertise this as a benefit, but it may actually hurt your credit if your account has insufficient funds for a payment even one time. Even if the reporting were all positive, it just isn’t worth it. You’re paying a serious premium for the computer, even if they throw in all the other “free” electronics. If you need a computer, I suggest using one at the library and socking away the $175 a month you’d pay these turkeys. In two months, you’ll be able to pay cash for a machine that is at least as good and probably better. Granted, you won’t get the TV or the mp3 player, but if you read up on these companies’ reputations, you’ll see there is a decent chance you wouldn’t get that stuff even if you signed up for it.

If you’re interested in improving your credit, there are better steps you can take than dramatically overpaying for electronics. We offer free consultations and we’ll go over your credit report with you and help you devise strategies to improve your credit score going forward. Please note, we are not alchemists and cannot magically scrub all the bad information off your report. Anyone who tells you they can are running a scam.

What happens to my credit score when I file bankruptcy?

Monday, April 4th, 2011

If you’re considering filing bankruptcy, you’re probably concerned about what will happen to your credit–and rightfully so. Credit scores may temporarily be trashed when a client files bankruptcy, but the real question to ask is–who cares?

Credit scores are based on the last 7-10 years of reporting information, but according to the credit scoring formula, things that happened in the recent past are weighted far more heavily than things that happened a long time ago. This is great news for the potential bankruptcy filer–your score may dip in the short term, but you can build your credit back quickly by opening new, positive credit accounts and letting that old stuff fade into the distance.

1. If you’re in the position to be considering bankruptcy, your credit score is probably on the brink anyway. There are alternatives to bankruptcy (working with debt management nonprofits or their more unsavory cousins, debt settlement and credit repair companies)–but anyone who tells you that these alternatives are gentler on your credit score is probably trying to sell you something. Once you have late payments, defaults and collection accounts on your credit, it’s hard to get them to come off, and paying off collection accounts actually doesn’t improve your score at all. Think about whether your credit score can be saved before you pay someone to save it.

2. I think it’s time you and credit take a little break from each other. If you’re considering bankruptcy, you’re probably not planning to take out a mortgage or open a bunch of credit cards in the near future, and so you probably don’t need to have a sky-high credit score right now. Your credit score may be a factor for renting apartments or finding new jobs, but having a recent bankruptcy may be less of a big deal to most people than if you haven’t resolved your issues and have a bunch of debt collectors clawing after you. Sure–you’ll need your credit to rebound eventually, but for now, explain your situation to a potential landlord or employer. If you’re honest and upfront, you’ll likely find that people are willing to overlook your earlier problems.

3. We have strategies for building back your credit. Remember, the recent past is much more important than the distant past when it comes to credit. The credit scoring models will reward you for opening new, positive credit accounts and paying on time every month. By stopping all new reporting on old accounts, bankruptcy cleans the slate so that your creditors don’t keep dragging down your credit score month after month.

Once you file bankruptcy, you’ll be inundated with new credit solicitations. But these offers aren’t the ones you want–they tend to be expensive and predatory. We can point you toward safe credit building products–credit building loans and secured credit cards–that will help you build your credit back up slowly and surely. We also meet with you at no charge six months after your bankruptcy to make sure that all the negative information that was on your credit report pre-bankruptcy was cleaned up the right way. If you build new credit and pay on time, banks will begin to consider you for low-interest car loans and mortgages as soon as a year or two after your bankruptcy.

If you want to know more about how bankruptcy may affect your credit score, get in touch with us.

My ex is filing bankruptcy. What does that mean for me?

Monday, March 28th, 2011

One of the questions we are most frequently asked is, “What happens to me if my former spouse declares bankruptcy?” The answer is, as always, it depends. Mainly it depends on whether you are obligated on any of your ex’s debts. These could be credit cards, car loans, or mortgages that the two of you entered into jointly or that you are a co-signer for.

A proactive first step is to pull your credit report and see if any of your ex’s debts appear on it.  You are entitled to get one free copy of your credit report each year from each of the three credit reporting agencies. You can get yours online at www.annualcreditreport.com.

If you find debts on your credit report that relate to your former spouse, it may be smart to review your divorce decree and see if they were, or were supposed to be, resolved as a term of the divorce. You may want to call your divorce attorney for clarification.

If you have taken out joint debts and your ex files bankruptcy, you may be facing liability for 100% of them.  If you find yourself in this position it is probably worth your time to come in for a free consultation.  It is possible that your ex is filing bankruptcy due to an imminent creditor lawsuit.  As soon as s/he files, that creditor may turn their attention toward you.

If your ex has filed bankruptcy, or if you’re considering filing and want to know how it will affect your ex, give us a call.

Can my employer run a credit check on me?

Thursday, October 7th, 2010

If you’ve had financial issues, you might not want a potential employer to know–and you sure don’t want the jerk that’s your boss to know your private business. But more often employers and potential employers are pulling credit reports on you. This is especially common in workplaces where you may handle money, like a bank.

Under the federal Fair Credit Reporting Act (FCRA), an employer can only perform a credit check on you if you have given your permission. They may get it by adding a line into your job application, something like “by signing below, you authorize Acme Inc. to obtain credit reports.” If you are already employed and not sure whether your boss has authority to run a credit report on you, you can ask your human resources department.

But here’s the tricky part for employers. If they decide to take an “adverse action” (i.e. not hiring you, not promoting you, or firing you) as a result of information contained in a credit report, there are rules they have to follow:

  1. The employer must provide you with a copy of the report they used before they take the adverse action
  2. The employer must provide you with a notice explaining which credit reporting agency supplied the negative information, and that you have a right to dispute the accuracy of your credit report
  3. You are entitled to a free credit report within sixty days of the adverse action–even if you’ve already gotten your free credit reports from annualcreditreport.com. Just contact the credit reporting agency to order it

If they fail to give you the required notice, they may have violated the FCRA. Violations can result in being awarded actual damages, statutory damages between $100-$1000, and attorneys fees, which means you may only have to pay your attorney if you win your case. Contact us if your rights have been violated by your employer.

Welcome to the Friedman Iverson, PLLC Consumer Blog!

Thursday, August 19th, 2010

The world needs another blog like I need an additional hole in my head.  So why are we doing this? We get calls everyday from people who are frustrated and frightened by situations they’re facing. They aren’t necessarily looking to hire a lawyer, but they need some information to determine their rights and assess their options.  We’re always happy to take these calls, but we thought posting answers to the most common questions would be convenient for consumers.

We want this blog to grow organically. We will definitely comment on developments in the law and relevant news stories. We will probably also trumpet our successes (blogs are nothing if not a bit self-indulgent), but a lot of how we’ll develop depends on our readership. If there is a topic that you would like us to address, shoot us an email at: info@friedmaniverson.com.

In the coming weeks and months look for posts on bankruptcy, debt collector harassment, auto fraud and foreclosure.  Please check back early and often and offer your comments.  Let’s make this fun.