"Help!  I've fallen and I can't get up!"  While better known from the Lifealert commercials, it's also something that folks who for one reason or the other have had to declare bankruptcy know a little something about.

The reasons that a person declares bankruptcy are varied and can include a nasty divorce, a job loss, illness, bad planning, poor decision making, as well as probably almost as many reasons as there are people who file for protection from their creditors.

Some of the situations were probably avoidable whereas some probably were not.  For the purposes of this discussion, it really doesn't matter.  If you've had to resort to bankruptcy protection, you're going to be in a position where you need to start over, where you need to rebuild your credit profile.

The good news is that "Time Heals All Wounds".  Once you're bankruptcy has been discharged, the clock starts on your being able to once again enter back into the "polite" company of those with "good" credit.

Here are the steps that you need to take in order to reestablish good credit:

(1) Make Sure Everything Is Included In Your Bankruptcy That Should Be Included. 

Your first step towards reestablishing yourself should actually come before your discharge.  That is that you should make sure that all of the debts that are dischargable have been included in your bankruptcy.  The more thorough your filing, the less chance that you'll have an argument later with a creditor who wasn't listed on your bankruptcy.

Another thing that you should consider is if there are some debts that you might want to reaffirm.  This might be a car loan on a car that you wish to keep or a mortgage on a home if you're allowed to keep it or maybe even a small charge card. 

If there is something along these lines, it's not a bad idea to reaffirm a debt or two because this will give you a running start towards reestablishing your credit in that you will already have a line of credit going to show that regardless of why your went bankrupt that you have the ability and the willingness to make payments on time.

(2) After 3 Months, Pull A Credit Report On Yourself.

Unfortunately what happens many times is that stuff that should have been on the bankruptcy will start to show up again.  Part of the reasons for this is that a lot of the credit reporting systems are automated and sometimes they simply screw up.  

Other times a creditor will purposefully reinsert the debt in an effort to still try to collect on it.  It's not right and it's not legal, but the chances of a creditor getting in trouble for doing it are so small that many creditors are willing to take the risk.

Sometimes the creditor will "sell" the debt to collection agency and claim ignorance that it had been discharged in a bankruptcy.  

Regardless, it's important to keep track of your credit report to make sure that what is being reported is accurate and legal for the creditors to report.  If you find something on the credit report that you think shouldn't be there, then you should dispute it with the credit bureaus.

In order to do this you will need to be able to provide a copy of your bankruptcy discharge as well as a copy of the schedule of creditors.  This is one of the reasons that you need to make sure that your filings are complete and that all of the accounts that you want discharged are included (See Step 1).  

(3) Make Sure That What Ever Caused Your Bankruptcy Is Behind You.

Seems like a common sense sort of thing, but you'll be amazed at how many people file for bankruptcy protection when whatever was the cause of them going bankrupt is still going on!

Before you can rebuild your credit you need to make sure that you're in a position to maintain any new credit that you establish or that you have reaffirmed in the bankruptcy.

(4) Start Small, Keep Detailed Records and Most Importantly, Make Your Payments On Time!

From my experience in dealing with people who have declared bankruptcy I've found that there most people fall into one of two categories.  They are; (1) those who are ready to get back into the race and (2) those that don't ever want to deal with credit again.

Both camps are off base in my opinion.

Those that want to get back into the race are in danger of not having learned their lessons in regard to the responsible use of credit.  Just because that car dealer is willing to tote the note on that banger doesn't mean that you should buy it.  

If you do need immediate credit in order to buy a car or to finance a "must have" purchase, please avoid the types of lenders who would take advantage of your situation.  If you can be patient and go through some of the following steps first, you will be better off for it in the long haul.

Sometimes this isn't an option.  The best example is buying a car.  If you can, be sure to buy a car that isn't going to end up costing your more than it's worth.  Maybe you can buy a car from a relative who will take payments.

If you can or if you are forced to buy from one of the "buy here/pay here" lots, be sure to keep detailed records of your payments.  Always pay with check or money order and keep the receipts!

You will need a paper trail to prove your payment history.  This is especially true with any rental payments because often times landlords aren't set up to report your payment history to the credit bureaus.

Whatever you do, make sure that you make your payments on time!  If there is any doubt about your ability to do this, then don't make the purchase!

(5) Reestablish Accounts

After your discharge, you will probably start getting advertisements in the mail from secure credit card companies.  Be careful and shop around, but it's not a bad idea to open a couple of these accounts up.  Don't be afraid to shop on line to see if you can get a better deal than what is being offered to you in the advertisements.

Another "trick" to reestablish accounts is to save up a relatively  small amount of money...say $500.00 or $1,000.00.  Deposit this money in a savings account and then request a loan of that amount from the depository institution and pledge the account as security in the event of your default. Make sure that your depository institution will report the "credit line" out.

Then take the $1,000.00 that they "lent" you and go to another depository institution and repeat the procedure. 

Once you've done this 3 or 4 times, make your payments on time for a period of 4 to 6 months then pay the loans off.  NOTE: Don't spend the money!

After the loans are paid off, repeat the procedure.  After you've done this a few times with these institutions you can ask them to loan you money with less than 100% security.  Different institutions have different policies and some won't lend to you even if you are offering 100% security.  If you find this to be the case, keep trying different institutions until you find one, two or three that will work with you.  Credit Unions are often good candidates for this sort of thing.

(6)  Be Responsible With Your Use Of Credit.

Once you're established these trade lines you will be off to the races in regards to rebuilding your credit.  After about a year of on time payments that are being reported out to the credit bureaus, your credit scores should start to reflect your new payment history.

That said, you still need to be responsible with your use of credit.  This entails more than simply making your payments on time.  Credit scores take more than payment history into account and you need to be aware of the fact that you shouldn't carry large balances on your charge accounts or open accounts with certain types of lenders such as pay day loan shops.  Even finance company accounts should be kept to a minimum.

You should also keep your credit inquiries to a minimum.  Only apply for credit when you truly need it.  In other words, don't apply for the bank card simply to get the free teeshirt that they are giving away at the ball park!

As mentioned above, "Time Heals All Wounds".  Even with today's tightened underwriting guild lines, if you follow my advice, you should be able to finance just about anything that you would income qualify for within a two to three year period of the filing for your bankruptcy.

If you're interest is to be able to buy a home, particularly in the St. Louis real estate market, and you have questions regarding how to implement this plan, please feel free to give me a call.  I will be happy to assist you.

R.B. "Bob" Mitchell

ValueList Real Estate Services, Inc.

 

Bob Mitchell is president of ValueList Real Estate Services,  St. Louis' largest discount/full-service real estate and mortgage company.  If you would like to find out more about Bob, ValueList or our flat-fee listing program, please feel free to visit our web site at valuelistre.com

 

 
Post is included in group: Mortgages

45 Comments on "Help, I've Fallen And I Can't Get Up!" - Rebuilding Credit After A Bankruptcy

JUN
11
2008
3 Featured Posts

Bob, wonderful advice to those that need it.  And these steps work......

3:48pm • #1
185,738 Points 15 Featured Posts Localism Sponsor Outside Blog

Bob, this is excellent. I'm going to bookmark it for future clients who may have that kind of history and flag it for a feature.

3:55pm • #2
147,487 Points 6 Featured Posts Outside Blog

Joe:  Thanks for the kind words!  You're right, they do work..I've helped several people through this hard time before and to the best of my knowledge everyone who has taken the time to do this has been able to keep their situations under control and not fall down again!  Thanks for the comment!

Ruthmarie:  Thank you!  I appreciate the flag!

 

Bob Mitchell

ValueList Real Estate Services, Inc.

4:48pm • #3
1 Featured Post Localism Sponsor

This is great information!  Thank you very much I am going to save it to refer back. 

5:10pm • #4

This credit repair advice is really good.  Too bad more recently bankrupted individuals are not aware of it.

 

5:18pm • #5
650,412 Points 264 Featured Posts Outside Blog

Good info Bob. Bankruptcy is an unfortunately but sometimes unavoidable event. I know because I filed one back in the 80s!!! I spent the next 10 years doing things right and came back stronger than ever. As long as folks change their spending habits they can recuperate fairly quickly.

5:33pm • #6
177,525 Points Outside Blog

This is an excellent post.  There are so many consumers out there that really need sound advice

 

5:44pm • #7
310,056 Points 5 Featured Posts Outside Blog

Bob.. This is one of the best blogs on rebuilding after a bankruptcy I have seen.. Excellent information.  Thanks.

5:45pm • #8
533,628 Points 2 Featured Posts Outside Blog Hit Router

Bob

This seems to be a common saying these days.

Regards

Tom Braatz

5:47pm • #9
408,040 Points 14 Featured Posts Localism Sponsor Outside Blog

Bob,

Congrats on the Gold Star.  Thanks for the post and all of the good advice.

Don R.

5:54pm • #10
134,240 Points 8 Featured Posts Outside Blog

Hi Bob,

This is great information for folks considering filing bankrupcy, I'm sure many will find this helpful! :)

6:09pm • #11
170,952 Points 3 Featured Posts Localism Sponsor Outside Blog Hit Router

Bob, thanks for putting all of these helpful tips in one post!  I'm going to bookmark it for future clients.

6:13pm • #12

Great tips. I'll keep your post as a resource in case I ever need to refresh my memory.

6:40pm • #13
147,487 Points 6 Featured Posts Outside Blog

Leslie:  Thanks for the kind words and for your comment!  Feel free to use this post to help whomever you can.

Laura:  It is ashame...I can't tell you how many folks have applied for mortgages with me who have not reestablished credit...even years down the road.  It's sad to have to turn these folks down when I've gotten people who were 3 years out of a BK financed on A paper.  Thanks for the comment.

Bryant:  You're right, if you take the right steps after a BK, you can come back stronger than ever and wiser for the experience.  Thanks for your comment.

Kim:  Thanks for your comment...hopefully some of those people will stumble across this post or others like it.

Valerie: Thank you very much for the kind words!  You flatter me! ;-)

Tom:  Unfortunately, with the economy being what it is, I'm afraid that it's going to get more and more common as time goes on!

Don:  Thanks...I guess if you bitch enough, the powers that be finally recognize you....(that's a joke AR Gods!) I do appreciate the star and the kind words from you.

Suzanne:  I hope that they do.  As pointed out, a lot of the time there simply isn't much of a choice for these folks..thanks for your comment.

Kent:  You're more than welcome!  I tried to make it through without getting too long.  Thanks for your comment.

Brian:  Thank you for your kind words too!

Bob Mitchell

ValueList Real Estate Services, Inc.

7:00pm • #14

Thank you for the helpful tips. All in one place! I have bookmarked and flagged.

7:07pm • #15

Oopps ... already featured!

7:12pm • #16
373,682 Points Outside Blog

Good advice for the people who are going to need this -- unfortunately it's likely we'll see a lot of this in the coming months.

7:56pm • #17
269,117 Points 2 Featured Posts Outside Blog

Bob sorry about disableing comments on my blog.  I guesss I didn't want a politcal gallery.

8:30pm • #18
1 Featured Post

Bob-  Great post with really excellent info.  Of course it should be featured.  Congratulations!  Persistence pays off!  All the best!

Kevin

8:35pm • #19
378,283 Points 11 Featured Posts Localism Sponsor Outside Blog

Bob, look who just got featured!!  I'll bet they all knew your name!  LOL   Good post and congratulations!

9:22pm • #20
Localism Sponsor

Hi Bob, Your very basic and sensible tips are easy to follow and implement.  I'm helping some clients sell a house after bankruptcy, and it's very stressful for them.  I do know that they will come out o.k. and things will look up in the future.

9:28pm • #21
1 Featured Post

Over leveraging in the early 90s sank me and I filed a BK.  Lesson well learned and am doing just fine now with a over 800 FICO score.

9:28pm • #22

Great job... I am have a mortgage practice in North Carolina and I am seeing more and more credit challenges every day for consumers. In addition to major financial events like bankruptcy, we are seeing more deceptive practices by collection agencies for small medical situations that clients rarely even know about. These minor charges reek havoc on clients who have otherwise had stellar credit histories. Even a minor hiccup can destroy a client's plans to buy or build a new home.

Don Newman
9:33pm • #23

Great post.  There is still the question on insurance applications and workers comp applications that ask the question: have you filed bankruptcy in the past ___ year.  These type of questions can quickly disqualify one for a new policy even though someone is doing better and building a better new credit record.

Paul "Matt Locke"

 

If you are moving to Georgia, you ought to consider googling terms like: "Georgia Auto Insurance" or "Georgia Home Insurance" or "Georgia Condo Insurance"

9:42pm • #24
147,487 Points 6 Featured Posts Outside Blog

Sharon:  I appreciate the flag and thank you for your compliment.

Bob and Carolin:  I'm afraid that you're right, we are going to see more of people going belly up.  Maybe in a way it's symbolic of our society as a whole....it did seem like we did all go on a drunken, wild weekend there for a bit, didn't it?

John:  My point exactly!  You missed a golden opportunity! lol...thanks for the comment.

Kevin:  Thanks....the only problem now is that I don't know if I got the star because I deserved it or because I bitched!  Maybe a combination of the two?  Any way that it was, I appreciate it and thank the AR Gods for being big enough to feature it after the hissy fit that I threw.. Thanks for the congrats and comment!

Barbara:  I'm sure that they did!  I'm actually kind of waiting for Rich Jacobson to chime in! lol....they are so going to kick me off someday! ;-)

Gretchen:  If you like, have them give me a call.  I've had clients who I've helped who were able to buy another home really quickly.  Most of those mortgage programs aren't available any more, but after 12 months I've seen DU actually give a level approval with 10% down. So, there is light at the end of the tunnel.

Joe:  I've written about it here before, so I don't mind saying that my personal credit took a big hit when my company expanded into a downward turning market a few years ago.  It's not always that people are deadbeats...bad things sometimes happen to good people.  Thanks for the comment.

Don:  Don't get me started on the credit collection agencies and bureaus.....it's amazing that such a high percentage of that industry breaks the law on a regular basis and yet nothing ever seems to happen to them!  I don't understand it!  Thanks for the comment!

Bob Mitchell

ValueList Real Estate Services, Inc.

9:54pm • #25
120,048 Points 1 Featured Post

Great advice Bob. Especially #3 and #2. For most people this is a habit changing event. Most people learn better financial management. There is not much one can do if they lose their job and have a major medical event. Everyone should have access to decent health care and not lose everything they have built up over the years.

10:21pm • #26
152,856 Points 89 Featured Posts Localism Sponsor Outside Blog

An excellent informative post and a star. Congratulations.

10:46pm • #27
JUN
12
2008
4 Featured Posts

Bob,

Excellent post and information that a lot of people are going to need. It's nice to see neutral and honest advice about life after BK.

1:45am • #28
403,565 Points 3 Featured Posts Localism Sponsor Outside Blog

Bob, this is great advice.  I love the step by step layout to direct people.

1:46am • #29
277,400 Points 59 Featured Posts Outside Blog

Bob - Thank you!  I haven't seen much quality information for those that have experienced financial turmoil of sorts, but this is a fantastic tutorial!  Great info here and said in a simple and concise manner.  Worthy of not only a Gold Star, but of front page attention to folks living in any Capitalistic Culture.  Kudos to you!

5:30am • #30
274,452 Points 41 Featured Posts Outside Blog

BOB - This is very helpful information for those in need.  I never knew that there were "tricks" to speeding up the process of rebuilding, but you've given a good one.  I've bookmarked this in case I come across anyone in the situation.

5:50am • #31
391,892 Points 3 Featured Posts Outside Blog

Thanks Bob....we are paying special attention to SHORT SALES which is sooo much better than Foreclosure....sooo many folks have sooo much to learn and that would include agents !

9:06am • #32
147,487 Points 6 Featured Posts Outside Blog

Wayne:  Thank you...Not to slam attorneys here, but on number 3 (make sure that whatever caused the bk is behind you) I think that a lot of attorneys sell what the people want to buy even though they may be better waiting until the person is back on their feet or at least on the way towards being back on their feet.

After the discharge, you can't file again for 7 years and in the case of say a major illness that is going to keep somebody from working for an extended period of time with more and more bills coming in as time goes on, filing too early can cause the bankruptcy to be over before the crises is.

If there are any legislators out there reading this...number 2 needs to be addressed!  The current system is not policing the credit collections industry.  They aren't afraid of the consequences of breaking the law!  Where's Elliot Spitzer when you need him???  Whoops, we all know what he's been up to! ;-)

Janet:  Thanks for the compliment...I'm glad to see that you're not pissed at me about the "Golden Child" thing.  :-)

Paul:  I thought that it was needed, especially with all of the folks that are going belly up in this economy.  Thanks for the comment!

Christine:  It's funny, it just kind of came together as a step by step thing...I've been writing for a web site called "howtodothings.com" and I guess that I'm getting in a habit.  Thanks for the comment.

Jason:  You are always so kind!  Thank you!

Adam:  You not so much...just teasing...yeah, there are "tricks" and that one of borrowing your own money can work if someone needs to bump their borrowing ability....say if they own a small business.  Thanks for your comment.

Sally and David:  Short sales are better than a foreclosure - as long as they are properly negotiated! -

I've heard tell of lenders who have accepted a short sale to release the lien and allow the property to be sold, then went after the seller for the deficiency with a collection agency.  I've also heard that some people who have had modest amounts still owed after the short sale who have negotiated a paypack arrangement with the lender so that it didn't hurt their credit.  Seems like a smart move!

Thanks for the comment.

Bob Mitchell

ValueList Real Estate Services, Inc.

10:47am • #33
269,117 Points 2 Featured Posts Outside Blog

Thanks Bob I just hope I never have to use your ideas.  But I can pass them on to others.

8:06pm • #34
481,919 Points 10 Featured Posts Outside Blog

Re-establishing credit is the main key to rebuilding your credit.  With out a new history your score will never go up

9:15pm • #35
2 Featured Posts

Bob~ are you aware of any reputable agencies that can help guide people through bankruptcy?

10:23pm • #36
JUN
13
2008
310,549 Points 4 Featured Posts Outside Blog

Excellent post and great advice. Thanks for sharing such valuable info.

5:55am • #37
147,487 Points 6 Featured Posts Outside Blog

John:  What I've done with this plan is actually market to folks who have gone BK....it turns into a win/win.  They get some guildance through the process of rebuilding their credit and I get a client in 2 to 3 years.  Honestly, most of them fall down again, but enough don't that it's worth my while.  Thanks for the comment.

Russ:  You are exacty right....especially if they never look at their credit and creditors start adding trade lines back on ...it can actually go down!  Thanks for your comment.

Lisa:  Not really.  For the most part, other than their attorney, they seem to be on their own.  Thanks for asking.

Laura:  Thanks for the compliment.

Bob Mitchell

ValueList Real Estate Services, Inc.

10:29am • #38
1 Featured Post

Awesome post Bob!

The advice about reaffirming some debts is really good. I have dealt with more than one customer whose scores were back in the high 600s within 6 to 8 months when they reaffirmed some of the debt!!

 

11:21am • #39

Bob great insight and I have a customer who is working his way out of this and another who 2 years after discharge just got loan approval... Hooray... Thanks for a great post.

 

2:13pm • #40
147,487 Points 6 Featured Posts Outside Blog

Carl:  If you're watching the comments on this, what is FHA's guild line on Bankruptcies?  Thanks for the comment too!

??? It's possible!  They do have to work on it though!  Thanks for the comment!

 

Bob Mitchell

ValueList Real Estate Services, Inc.

3:34pm • #41
1 Featured Post

Here is the FHA guideline:

E. Bankruptcy. A Chapter 7 bankruptcy (liquidation) does not disqualify a borrower from obtaining an FHA-insured mortgage if at least two years have elapsed since the date of the discharge of the bankruptcy. Additionally, the borrower must have reestablished good credit or chosen not to incur new credit obligations. The borrower also must have demonstrated a documented ability to responsibly manage his or her financial affairs. An elapsed period of less than two years, but not less than 12 months, may be acceptable if the borrower can show that the bankruptcy was caused by extenuating circumstances beyond his or her control and has since exhibited a documented ability to manage his or her financial affairs in a responsible manner. Additionally, the lender must document that the borrower's current situation indicates that the events that led to the bankruptcy are not likely to recur.

A Chapter 13 bankruptcy does not disqualify a borrower from obtaining an FHA-insured mortgage provided the lender documents that one year of the payout period under the bankruptcy has elapsed and the borrower's payment performance has been satisfactory (i.e., all required payments made on time). In addition, the borrower must receive permission from the court to enter into the mortgage transaction.

Some lenders have stricter requirements and will look into the details of the bankruptcy. For instance, if it looks like the bankruptcy was filed over a relatively small amount of debt which the borrower could have paid off with a little sacrifice the lender may require an automated approval before granting the mortgage. And of course, some lenders are much more lenient than others. For the most part these days, though, underwriters expect to see the full time to have elapsed.

4:20pm • #42
506,258 Points 151 Featured Posts Outside Blog

Bob... some great information. I have a client right now, that he filed and it's discharged now, but 2 items weren't included and it will hold up settlement... but there is an actual law inplace that allows us to partcially get around this.

On another note... the only negative thing is that you now have to wait 5 years to get a conventional loan, hence why FHA is so much better, especially in this case.  Good post.

jeff belonger

11:54pm • #43
JUN
14
2008
147,487 Points 6 Featured Posts Outside Blog

Carl:  Thanks for the info.....

Jeff:  Now, we don't want to start that argument up again do we?  In this particular situation, FHA would be better...I closed a guy out of bankruptcy (medical) about 28 months about a year ago, but you may be right...with the new changes conventional may be up to 5 years now...I'll have to check

Thanks for the compliment.

Bob Mitchell

ValueList Real Estate Services, Inc.

11:26am • #44
DEC
04
2008

Thanks for the information. Several years ago I paid @$600 to learn this. Its really all that simple.

I've seen scores jump 60-80 points by just corrected the way the accounts were listed on the credit report... i.e: "account included in bankruptcy".

I'm doing a purchase where the borrowers are only 14 months out of a chap 7 BK. You just gotta doc it to the max- no room for lame, non-doc'd excuses. The clients have mid-600 scores, $30k in the bank (from a medical related settlement), and are putting 10% down.

If there was an unavoidable reason for the BK and the clients did all they could to avoid it and you can doc it and sell the story to the underwriter, there's a chance you can get it through.

Thanks again for the post,

Ron Reed, "The Mortgage Doc of Music City"

Bob
7:21pm • #45

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Bob Mitchell - Realtor St. Louis

Saint Louis, MO

More about me…

ValueList Real Estate Services, Inc.

Address: 4251 Martyridge, St. Louis, MO, 63129

Office Phone: (314) 231-5478

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A blog about St. Louis real estate and about real estate in general from a guy who has been selling real estate and doing mortgages since 1984. I'm also the owner of ValueList Real Estate Services, Inc. a discount real estate company serving St. Louis since 1995!


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