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Does a creditor use the filing date of the bankruptcy or the date of discharge?
Wiki User
∙ 12y ago
That depends on what you mean by "use" -- for what purpose? The filing of the bankruptcy stops all collection activity, so in terms of the automatic stay going into effect, that occurs the date the petition is filed. As you probably know, the automatic stay is what stops your creditors from foreclosing, evicting, garnishing wages, or taking any other collection action, including phone calls.
The date of discharge marks the date when unsecured debts are "discharged" or eliminated. If you are thinking in terms of evaluating your creditworthiness and calculating how long it's been since a bankruptcy, all bankruptcy filings do show up on your credit. But the famous 7-year prohibition on another bankruptcy is based upon discharge -- it's not that you can only file one bankruptcy every seven years, it's that you can only receive a discharge once every seven years. In that context, the date of discharge is used.
If you can clarify your question a bit or give me the fact pattern, I can give you a better answer.
Wiki User
∙ 12y ago
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Is Bankruptcy info on credit report from date of dismissal or filing?
It is 10 years from the date of discharge.
Can you get a civil judgment removed from your credit report if it was included and discharged in a bankruptcy even if the judgment date is later than the bankruptcy discharge date?
No, debts, liens, judgments incurred after a bankruptcy has been filed cannot be included and therefore cannot be discharged in the BK proceedings.AnswerI was informed that if you had included this creditor in your bankruptcy, which was discharged, the creditor should have stoped all actions towards obtaining a judgment against you. I believe this judgment can be discharged by filing a discharge request with the court administrator and only then removed from the credit report. However, if you did not list this creditor on your bankruptcy, then it will prevail. Call the court administrator.
How long would a bankruptcy filed in 1996 stay on your credit history?
Ten years from the date of the discharge, not the date of the filing.
Do creditors list a charge-off on credit reports as of the bankruptcy filing date or as of the discharge date?
Creditors list the charge off date as the date the bankrupcty was filed
Is bankruptcy discharged after all the debts are settled?
The discharge is, as general rule official sixty days after the date of the creditor (341) meeting.
What is a notice of bankruptcy and stay?
When a bankruptcy is filed, an "automatic stay" takes effect, essentially a prohibition against any collection action by a creditor without the court's permission. This occurs even if the creditor has no immediate notice of the filing. Any collection action taken after the filing must be undone by the creditor.If there is a proceeding in a civil court to collect the debt, the appropriate action for the debtor is to notify the court of the filing, giving the name and address of the bankruptcy court, the date of filing and the docket number of the case in the bankruptcy court. This is often called a "suggestion of bankruptcy" or notice of bankruptcy."
How do you know if your bankruptcy is discharged on your credit report?
Bankruptcy does not get discharged. Debts are discharged. The bankruptcy will remain on your credit report for 10 years from the date of filing. The debts that were discharged can remain for 7 years from the date of discharge, showing a zero balance and that they were discharged in bankruptcy.
Can you be paid if you are not listed in a bankruptcy filing?
Assuming there is a discharge order, probably not. A discharge affects all dischargeable debts, not only the ones listed in the bankruptcy, unless the debtor deliberately tried to create a "preference." In that case, the trustee might be able to capture the payments made after the filing date and apply them to his fee and the creditors.
When will a bankruptcy come off your credit report if the discharge date for your Chapter 7 was September 1996?
The statute of limitations for reporting information about a bankruptcy is ten years from the date it was filed. You did not mention the filing date, so the very late date your bankruptcy should show on your credit report would be September of 2006.
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.
Is there a public record I could check to see when the exact date is when I filed for bankruptcy?
Your records are on file at the Court you filed in. The relevant date for most things concerning BK is discharge date, not filing date though.
Can someone add a debt onto their bankruptcy even though the debt occurred after they had filed for Chapter 7?
No, this is considered a post-petition debt. It would not be covered by the bankruptcy, you would legally owe this debt. Bankruptcy only covers charges up to the filing date. Not the meeting date,not the discharge date and not the closing date.
