Beasley, TX Bankruptcy Law Firms & Lawyers

To have the bankruptcy information removed from your credit report, you need to submit a dispute to the credit bureaus who are currently reporting that information. The dismissal paperwork that you should have received from the court and/or your bankruptcy attorney will serve as proof that you in fact did not receive a bankruptcy discharge and simply filed a petition for bankruptcy protection that was later dismissed. Your written disputes should be sumitted to the credit bureaus at the addresses found on their websites (they generally have a contact us tab on their websites). They will have 30 days to investigate your claim and update the information, so the change to your credit information may not happen over night, so the sooner you get this information corrected, the better. 

Filing Chapter 13 will allow you to stretch repayment of the past due mortgage amounts over 3-5 years, but if your current income is not enough to make your monthly mortgage payments, it's unlikely the court will allow you to keep the home.

In California, most mortgages are resolved by non-judicial foreclosure (sale of the property at auction). By taking that action, the lender does not have a deficiency claim against a co-signer. However, if there was a junior lien (2nd or 3rd) that was eliminated in a foreclosure, they could sue the co-signer. The co-signer should see an attorney so that the facts of this particular matter can be analyzed.