What canI do if my ex-wife’s bankruptcy is reflected on my credit report?

I recently tried to get a loan and found that I had a Chapter 13 listed on my credit report that wasn’t mine. My ex-wife filed for one and it was listed for the student loan that we share. I listed this as a discrepancy with the credit reporting agency but received a letter stating they would not remove it. What can I do?

Asked on March 9, 2011 under Bankruptcy Law, Utah

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In a Chapter 13 filing, the amount of outstanding debts are reduced.  Therefore, even if payments are being made according to the plan, since there has been a reduction in the amount to be paid back, the bankruptcy will appear on your wife's a credit report.  And since you "share" this loan with your wife (I assume that you mean that you are jointly responsible for payment), this same bankruptcy notation will also appear on your credit report.  Unfortunately, there really isn't anything that you can do about getting it.  That's why it important to decide if you should co-sign on a loan in the first place.  What you can do is file a statement with each credit bureau that shows this negative entry.  A copy of this statement will appear on your report and act as a explanation of the entry (i.e. that its your wife's bankruptcy and not yours).  It may help.


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