Bankruptcy

The FTC’s Annual Report on Consumer Complaints

June 15th, 2011 By John Ulzheimer Categories: Bankruptcy, Civil Penalty, Credit, Credit Report, Debt 0 comments

In March 2011, the Federal Trade Commission (FTC) issued their annual report, which included consumer complaints about 3rd party debt collectors, called “The FTC Annual Report 2011: Fair Debt Collection Practices Act”.  The FTC enforces the Fair Debt Collection Practices Act (FDCPA) and receives hundreds of thousands of consumer complaints about debt collections.  Behind identity theft, debt collections received the second most complaints. read more »

What’s a Chapter 13 Bankruptcy?

May 31st, 2011 By John Ulzheimer Categories: Bankruptcy, Credit, Credit Cards, Credit Report, Debt, Financial 1 Comment

Chapter 13 is a type of bankruptcy.  It’s an option for individuals who can’t qualify for Chapter 7, and have property and assets they want to keep.  In order to qualify you have to have enough income to pay expenses and pay off debtors.  This person has regular income and can pay living expenses but can’t pay their debts regularly.  Debt is restructured and some creditors will be paid back in full with interest, some in full and others will be repaid a percentage of the debt. read more »

What’s a Chapter 7 Bankruptcy?

May 27th, 2011 By John Ulzheimer Categories: Bankruptcy, Credit, Credit Cards, Debt, Financial 0 comments

Chapter 7 bankruptcy is legal protection from your creditors.  It’s for individual consumers and is also known as “liquidation”, because the debtor has to sell assets to pay off debts.  The assets not exempt from bankruptcy are luxury items, household items, real estate, cars and boats. The debts not discharged are child-support and alimony back payments, criminal fees, federal taxes, government student loans, and mortgage liens.  Any loans that have a cosigner may be liable for the debt. read more »

How Do I Rebuild Credit After a Bankruptcy?

March 4th, 2011 By John Ulzheimer Categories: Bankruptcy, Credit Report, Credit Score, Getting Credit, Improving Credit 0 comments

Over 1.5 million people file bankruptcy every year.  And, that number isn’t going down…it’s going up.  If you’ve filed bankruptcy and it has been discharged, what should you do next to get back in the right track?

Tip #1 – About 60-90 days after your bankruptcy has been discharged you should pull all of your credit reports.  Doing this will help you to see exactly how your creditors are reporting the debts, which were included in the bankruptcy.  You will want to check for accuracy on this, because the credit bureaus and creditors do make errors.  Accuracy means no balances, no past due amounts and no late payments that post date the discharge of the bankruptcy.

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Public Record Information and Credit Reports, What’s There?

March 3rd, 2011 By John Ulzheimer Categories: Bankruptcy, Credit Report, Credit Score 0 comments

What public record information can find its way to your credit reports?  The answer is short and includes tax liens, bankruptcies, and civil judgments.  Civil judgments are debts owed because of a court order.  Tax liens are the result of unpaid taxes owed to the IRS.  And, bankruptcies represent legal protection from your creditors.

In the past,  public records were usually gathered by vendors that collected information from courthouses and sold the information to the credit reporting agencies (CRAs).  This was a very labor intensive process, which involved visiting each courthouse to record the information.  Each county, city and state maintains their public record information differently.  All of the three major CRAs have similar public record information because it is collected from the same sources.

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New Settlement Documents Sent in White v Experian Bankruptcy Class Action

February 22nd, 2011 By John Ulzheimer Categories: Bankruptcy, Credit Report, Employment, Getting Credit 1 Comment

New settlement documents have been mailed in the White, et at v Experian Information Solutions class action case.  The class action, which also includes TransUnion and Equifax as defendants, was filed over 4 years ago in Federal Court in the Central District of California.  The plaintiffs, all whom filed a chapter 7 bankruptcy, allege that their credit files still showed debts that predated the filing date of their chapter 7.  These debts, if statutorily discharge-able, should be shown as having a $0 balance since they were canceled by the bankruptcy.

Settlement was reached in the case in 2009 and award documentation was sent to the members of the class, which numbered in the millions.  If you submitted a claim for an award you recently (or will soon) receive another document asking for additional information about your claim.

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Bankruptcy Filings Up 9% in 2010

February 11th, 2011 By John Ulzheimer Categories: Bankruptcy, Credit Report, Credit Score, Financial, Getting Credit, Improving Credit 0 comments

According to the American Bankruptcy Institute consumer bankruptcies in 2010 rose by 9% over 2009.  The raw number will pass 1.53 million filings.   What does this mean for consumers and their credit standings?
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Credit Scoring, An Advanced Tutorial

December 9th, 2010 By John Ulzheimer Categories: Bankruptcy, Credit, Credit Report, Credit Score 0 comments

When we think about credit scoring we mostly think about the actual number and strategies to improve that number.  However, the topic of credit scoring is so much more complex and involved.  Understanding scoring in more depth will not only provide you valuable context on the subject but also arm you with more knowledge when you take your next trip to the bank.  Just think…you’ll know more about credit scoring than most of the lenders you work with.  We covered the fundamentals of credit scoring in this blog, now let’s take some bigger bites at the apple.  Let’s just say you’re not going to hear any of this listening to Dave Ramsey.

Odds to Score Relationship

Those numbers actually have a meaning.  I think most people just understand that a 750 is a good score, better than a 700.  But what does a 750 mean as compared to a 700?  Each of those numbers tells a story about your risk and that story is expressed as odds.  Odds, in a credit scoring discussion, are generally determined by studying and understanding the number of consumers who are going to pay their bills on time relative to the one consumer who will not.  This is an EXAMPLE of how the odds could change by FICO score range…

FICO 800 = 800 goods to every 1 bad

FICO 750 = 400 goods to every 1 bad

FICO 700 = 200 goods to every 1 bad

FICO 650 = 100 goods to every 1 bad

FICO 600 = 50 goods to every 1 bad

FICO 550 = 25 good to every 1 bad

FICO 500 = 12 goods to every 1 bad

Every bank knows how much they’re going to make on a “good” and how much they’ll lose on a “bad.”  This allows them to make an informed decision regarding whether to approve applicants who have scores that fall outside of their comfort zone.  Why extend credit to a FICO range where you lose money?  On the other hand, if you knew where the “break even” score range was you could easily draw a line in the sand and say, “we’ll approve everyone with a FICO score above X and decline everyone below it.”

Performance Definition

Every credit scoring model has what’s called a Performance Definition (hereinafter “PerfDef”).  It’s the stated design objective of the model.  So, for example, the PerfDef of the FICO risk score is “to predict the likelihood of a consumer going 90 days past due or worse in the 24 months after scoring.”  This is called an “Incident Model” because it’s predicting whether or not some incident will occur.

There are other models that have very different PerDef’s.  There are scoring models that have a financial based PerfDef.  For example, some scoring models will predict the likelihood that you’ll generate some amount of income or revenue.  These are more uncommon than incident models.

You can tune your model to predict almost any level of delinquency.  Your model can predict 30-day late payments, collections and even bankruptcy.  Equifax has a model called Bankruptcy Navigator Index (or “BNI”) and it predicts the likelihood of you filing bankruptcy.  And some bankruptcy models are even more complex and actually have an idea of how much you’ll cost lenders if you do file bankruptcy.  Awesome!

Validations

A validation, in terms of scoring, is the process whereby a lender or “user” of the scoring system studies and learns the expected performance of their consumers/customers by score range.  See the chart above under “Odds to Score Relationship.”  That’s how you learn those odds, by performing a validation.

So how do you know if your model has been “validated?”  Simplistically, all you have to do is see your “good to bad” odds improving by ascending score range.  In English, you should see more goods to every one bad as you get higher in the score ranges.   If that occurs then you know your model is “ranking” consumers by risk and therefore your model has been validated.  If your model isn’t ranking properly then it hasn’t been validated and it shouldn’t be used.

There are a variety of mathematical tests to determine if, and how well, your model is ranking.  The three more common tests are the Kolmogorov-Smirnov test (or “KS”), Receiver Operating Characteristic (or “ROC”), and Divergence.  Without getting too complicated let’s just say that each of these are used to measure a model’s ability to separate “good populations” from “bad populations.”  The stronger the separation, the better the model.

So, if FICO could put all future “bads” below 500 and all future “goods” above 800 then it would be a perfect model because you’d just deny everyone below 500 and approve everyone above 800.  There’s the end of defaults and collection agencies.  Obviously, there is no such thing as a perfect model.

That’s it for now.  I think my brain is about to explode.

John Ulzheimer is the President of Consumer Education at SmartCredit.com, the credit blogger for Mint.com, and the author of the “credit rating” definition on Wikipedia.  He is an expert on credit reporting, credit scoring and identity theft. Formerly of FICO, Equifax and Credit.com, John is the only recognized credit expert who actually comes from the credit industry.  He has served as a credit expert witness in more than 70 cases and has been qualified to testify in both Federal and State court on the topic of consumer credit.

Bankruptcy vs Debt Consolidation: Credit score recovery – a detailed examination

March 15th, 2010 By David B. Coulter Categories: Bankruptcy, Credit, Credit Score, Debt, Debt Consolidation, Improving Credit Comments Off

Ah, Bankruptcy.  How terrible of you!  Society, friends and neighbors boo you. Debt consolidators tell you this as they promote their program.

But, what are the real issues with “both” bankruptcy vs debt consolidation?

    1. Your credit score
    2.
    Getting rid of your debts
    3.
    Keeping key assets

Let’s closely examine what happens to your credit score in bankruptcy vs debt consolidation.  In both cases, your credit score will have suffered tremendously.

IMPORTANT: Because this is a detailed examination, please read my previous blog: Credit Score Perils of Debt Consolidation

Here are three important rules to understand with bankruptcy:

Rule #1: Bankruptcy stays on your credit report for ten years. True, however, see rule #2.
Rule #2: Credit scoring considers a bankruptcy mainly for two years.
Rule #3: Many creditors deem bankruptcy as a fresh start with debt cleared away for their lending.

This will be our sample starting point:  Your credit score is 700. You have a stable job and you are paying your bills on time.  Suddenly you lose your job, use up your savings and start to fall further behind on your bills.  Creditors are pounding you and you have to do something.  Your credit score is now at 590.

At this point, you are considering bankruptcy chapter 7: liquidation of debts, bankruptcy chapter 13: restructuring your debts, or using a debt consolidator.

Lets chart the differences:

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