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Does the 10 years a bankruptcy stays on your credit report start on the date it is filed or discharged?
Wiki User
∙ 8y ago
Section 605 of the Fair Credit Reporting Act reads..."(1)Cases under title 11 (United States Code) or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication..."
The order for relief or adjudication is the discharge.
The date the Order for Relief is issued is the filing date. Whenever a bankrutcy petition is filed, "RELIEF ORDERED" is stamped on the front (at least it was prior to electronic filing), and this means that the debtor is immediately afforded protection as soon as the petition is filed. So, if the FCRA says the Chapter 7 bankruptcy is on the credit report 10 years from the date of the Order for Relief (and 7 years for Chapter 13), then the bankruptcy will be listed on the credit report for 10 years (or 7 years for Chapter 13) from the date the petition was originally filed.
Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
Here's a better-supported follow up to my posting above asserting that the bankruptcy should fall off 10 years after the filing date and not 10 years after discharge:
Section 605(1) of the Fair Credit Reporting Act states that no consumer reporting agency may make any consumer report containing "Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years."
Pursuant to 11 U.S.C. 301, "[a] voluntary case under a chapter of this title is commenced by the filing with the bankruptcy court of a petition under such chapter by an entity that may be a debtor under such chapter. The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter."
Therefore, bankruptcies come off of your credit report either 10 years or 7 years (depending on which Chapter was filed) after the Order for Relief is issued, which is the filing date.
Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.
Wiki User
∙ 8y ago
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How long does a dismissed ch 13 stay on a credit report?
A chapter 13 Bankruptcy, dismissed, discharged, or otherwise, stays on your credit report for 7 years from the date it was filed.
How long will a dismissed bankruptcy stay on your credit?
:A bankruptcy under chapter 7 or 11, or a non-discharged or dismissed chapter 13 bankruptcy generally remains on your credit file for 10 years from the date filed. A discharged chapter 13 bankruptcy generally remains on your credit file for 7 years from the date filed.
Can bankruptcy be taken off your credit report if the bankruptcy was dismissed through the courts?
Bankruptcies are a matter of public record and this is why they appear in credit histories. A Chapter 13 listing will remain on your credit report for seven years from the filing date and a Chapter 7 will remain on the credit report for 10 years from the filing date. The credit report entry will state the bankruptcy was filed and dismissed, not discharged.
In Maryland how long does a bankruptcy stay on your credit report?
Chapter 7 will stay on your credit report for 10 years from the date bankruptcy was filed. Chapter 13 typically stays on your credit report for 7 years from the date the bankruptcy was filed, however, can remain on your credit report for 10 years.
If your first bankruptcy was dismissed and the second one filed but you never made payments for either can they be removed from your credit report?
The second according to my credit report only says filed. My transUnion doesn't show it and I don't have my Experian report. I will have to contact the court I am sure to get the documentation I need. thanks for your input. Your first bankruptcy can be removed, because it was dismissed. A dismissal is a legal disposition of the legal action bankruptcy. The other disposition is discharged. You don't mention what the disposition was of the second bankruptcy. If it was granted, and your debt discharged, but you never paid on it, (was it a chapter 13?) then it is not discharged. You need to find out the correct status of the bankruptcy before this question can be answered.
Can a judgment be put on your credit if the debt was part of the bankruptcy?
Not if the debt was discharged in the bankruptcy. If the judgment was on the credit report before the bankruptcy was filed and/or was discharged in the bankruptcy, the entry will still remain on the CR for seven years.
When does a bankruptcy appear on one's credit report i.e. when the bankruptcy petition is filed or when the debt is officially discharged?
When it is filed. A discharge may be opposed by a creditor and there may be listed debts that cannot be discharged, or unlisted debts that may be discharged, so the "discharge" date is irrelevant.
How long does a dismissed ch 13 stay on a credit report?
A chapter 13 Bankruptcy, dismissed, discharged, or otherwise, stays on your credit report for 7 years from the date it was filed.
How long will a dismissed bankruptcy stay on your credit?
:A bankruptcy under chapter 7 or 11, or a non-discharged or dismissed chapter 13 bankruptcy generally remains on your credit file for 10 years from the date filed. A discharged chapter 13 bankruptcy generally remains on your credit file for 7 years from the date filed.
Can bankruptcy be taken off your credit report if the bankruptcy was dismissed through the courts?
Bankruptcies are a matter of public record and this is why they appear in credit histories. A Chapter 13 listing will remain on your credit report for seven years from the filing date and a Chapter 7 will remain on the credit report for 10 years from the filing date. The credit report entry will state the bankruptcy was filed and dismissed, not discharged.
If debts are paid after bankruptcy with a post bankruptcy inheritance does the bankruptcy go away?
No once filed on file. * A dismissed or discharged chapter 7 will remain on a credit report for ten years. A dismissed or completed chapter 13 will remain on a credit report for 7 years.
Can you legally negotiate with individual creditors for a letters of deletion from your credit file after the bankruptcy invovling the accounts has been discharged?
no it has been filed with the state and will stay on your credit report
If someone filed Chapter 7 Bankruptcy and wanted to repay some of the debts listed in full would that bring their credit with those creditors into good standing on their credit report?
No-the accounts have been discharged in bankruptcy.
You filed in 2002 for chapter 7 when will it be discharged?
The bankruptcy is not discharged. Your debt obligation is discharged. The discharge notice usually is mailed to you about 6 weeks after the 341 meeting. The filing of bankruptcy will stay on your credit report for 10 years from the date of filing.
In Maryland how long does a bankruptcy stay on your credit report?
Chapter 7 will stay on your credit report for 10 years from the date bankruptcy was filed. Chapter 13 typically stays on your credit report for 7 years from the date the bankruptcy was filed, however, can remain on your credit report for 10 years.
If your first bankruptcy was dismissed and the second one filed but you never made payments for either can they be removed from your credit report?
The second according to my credit report only says filed. My transUnion doesn't show it and I don't have my Experian report. I will have to contact the court I am sure to get the documentation I need. thanks for your input. Your first bankruptcy can be removed, because it was dismissed. A dismissal is a legal disposition of the legal action bankruptcy. The other disposition is discharged. You don't mention what the disposition was of the second bankruptcy. If it was granted, and your debt discharged, but you never paid on it, (was it a chapter 13?) then it is not discharged. You need to find out the correct status of the bankruptcy before this question can be answered.
Are creditors required to remove debts from credit reports if filed under bankruptcy 7?
Assuming that you properly listed the debt in your bankruptcy, the creditor should report the balance owed as zero and it should also correct your credit report to show that the debt was discharged in bankruptcy. You should send a certified, return receipt letter (keep a copy) to the credit card company and enclose a copy of your discharge. Demand that they correct this entry on your credit report. If they fail to do so, contact a local bankruptcy attorney for further assistance. Failing to correct a credit report can be a violation of the discharge order and the bankruptcy court could order the creditor to pay you damages if they fail to correct the error. You should also write a dispute to the three credit reporters: Experian, TransUnion and Equifax, and have them insert it in your report, i.e. "This debt was discharged in bankruptcy on _____ (date)."
