answersLogoWhite

0


Best Answer

A bankruptcy should be removed ten years after the discharged date.

Not to split hairs, but a Chapter 7 comes off your credit report 10 years after the FILING DATE, not the Discharge date. And Chapter 13's come off in 7 years. 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, and the Order for Relief is issued immediately upon the filing of the petition.

Accordingly, bankruptcy will fall off your credit report 10 years after the date is was filed if it was a Chapter 7, and it will fall off 7 years after the date is was filed if it was a Chapter 13. If the bankruptcy does not come off of your credit report by itself after the applicable time has expired, you can make a written request to the three national credit reporting agencies to reinvestigate your report and remove it (they normally need proof of the filing date, such as a copy of the Notice of bankruptcy or at least the Discharge). (See Fair Credit Reporting Act Section 611(a)(1)(A)). One can contact them at: Trans Union Corporation ATTN: Public Records Department 555 West Adams Street Chicago, IL 60661 Experian Profile Management P.O. Box 9558 Allen, TX 75013 Equifax P.O. Box 144717 Orlando, FL 32814

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.

User Avatar

Wiki User

8y ago
This answer is:
User Avatar

Add your answer:

Earn +20 pts
Q: If it has been over nine years since a bankruptcy has been on your credit report when will it get off or do you need to remove it?
Write your answer...
Submit
Still have questions?
magnify glass
imp
Continue Learning about Finance

If you make voluntary payments on a car loan that was discharged in a bankruptcy can they still report it as a repossession on your credit report even though the debt is not legally owed?

My guess is that they probably can still list a repo on your credit report. Normally you get a double-hit on your credit report when you surrender property in bankruptcy: you get hit with the bankruptcy (which knocks your credit score down by 75 to 150 points) and you get hit with a repo/foreclosure for the surrendered property. Just because a debt is discharged in bankruptcy doesn't mean that it won't be listed on your credit report, it simply means the debt is no longer collectable. The credit report will continue to show the debt on your credit report and should list it as "discharged in bankruptcy." Similarly, if a person surrenders a home in bankruptcy, the foreclosure still goes on their credit, and if a person surrenders a car in their bankruptcy, it still shows up as a repo on the credit report. So, my guess is that a repossessed car, even one for which the debt was wiped out in bankruptcy and one that was not repossessed for some time after bankruptcy since voluntary payments were made for awhile, will still show on the credit report as a repo when it is ultimately repossessed. I can't say this is a definitive answer, but this is how I think the process works. 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.


How many years do you remain blacklisted?

We will assume this questionis regarding filing Bankruptcy. You are never blacklisted during bankruptcy. It will remain on your credit report maximum of 10 years. That does not mean you will not be able to reestablish credit after filing bankruptcy during those years. What you will be able to obtain will depend on your payment history after the bankruptcy, the type of credit applied for and the length of time since you filed.


Filed for bankruptcy 8yrs ago and not credit card since should I get credit card now to esatablish credit score and how long will it take to build this up to be able to remove bankruptcy from credit?

Normally the bankruptcy will remain on your report for 10yrs. The longer it is on your report the less impact it has on your score, although still an eye soar to potential creditors. I would recommend establishing one or two cards to build up your credit. Orchard Bank and First Premier are two of the easiest approval cards. Also, I would recommend establishing a secured loan with a small credit union that report to the 3 credit agencies. On the credit card(s) try to keep the balances below 35% if the credit line. A good credit score is also based on various types of credit, not just revolving credit (Credit Cards).


How long chapter 7 bankruptcy stay on credit report in wv?

A bankruptcy filing can remain on your credit report for up to ten years after your discharge. The good news is that you can work on rebuilding your credit and in approx. 3 years you may qualify for a major loan if you've paid all bills on time since the bankruptcy, have consistent employment, etc. Make sure incorrect information stays out of your credit file. You can request a copy from one or more of the credit reporting agencies . You will need to provide your name, address, SS#, DOB, employer and addresses from the last two years. Please see related links to request a free annual copy of your credit report.


How do you find out if your bankruptcy status is correct?

I'm not sure what this question means by "bankruptcy status." Assuming it means whether your credit report has correctly listed your bankruptcy, or correctly listed the debts on your credit report as "discharged in bankruptcy," then under the new law each person is entitled to one free copy of their credit report per year, so one can request a copy from one of the three credit reporting companies and check if the bankruptcy is correctly listed and if all of the debts listed in the bankruptcy say "Discharged in bankruptcy" on the credit report. 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. Not sure what your asking, but you can always take your file number to the bankruptcy clerk and ask her to see your file. At least you can see the complete names and addresses of your creditors, dates of notifications, and order of actions taken in your case, first hand. - you can always call your attorney since you paid them to represent you, the trustee in charge of your case, or the bankruptcy court.

Related questions

How does bankruptcy affect your credit ratings?

As with everything, bankruptcy law can be complicated and the manner by which credit ratings occur can seem mysterious at best. Filing for bankruptcy will in general lower your credit score, but with some good spending habits and good financial stewardship will again rise over time, especially since part of your credit score has to do with income to debt ratio. When you file for bankruptcy, the debts do not simply disappear as if they never existed. Your history of late or missed payments, if you have one, will remain on your credit report and will continue to drag down your credit score. Additionally, the bankruptcy will stay on your record for many years. A Chapter 7 bankruptcy will remain on your credit report for 10 years from the date of the filing


How long will bankruptcy stay on Credit report in UT?

Technically it can stay on 10 years since it is a public record. However, with persistance you can have it deleted almost as soon as it goes on your credit report. Look at credit boards dot com


If you make voluntary payments on a car loan that was discharged in a bankruptcy can they still report it as a repossession on your credit report even though the debt is not legally owed?

My guess is that they probably can still list a repo on your credit report. Normally you get a double-hit on your credit report when you surrender property in bankruptcy: you get hit with the bankruptcy (which knocks your credit score down by 75 to 150 points) and you get hit with a repo/foreclosure for the surrendered property. Just because a debt is discharged in bankruptcy doesn't mean that it won't be listed on your credit report, it simply means the debt is no longer collectable. The credit report will continue to show the debt on your credit report and should list it as "discharged in bankruptcy." Similarly, if a person surrenders a home in bankruptcy, the foreclosure still goes on their credit, and if a person surrenders a car in their bankruptcy, it still shows up as a repo on the credit report. So, my guess is that a repossessed car, even one for which the debt was wiped out in bankruptcy and one that was not repossessed for some time after bankruptcy since voluntary payments were made for awhile, will still show on the credit report as a repo when it is ultimately repossessed. I can't say this is a definitive answer, but this is how I think the process works. 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.


How many years do you remain blacklisted?

We will assume this questionis regarding filing Bankruptcy. You are never blacklisted during bankruptcy. It will remain on your credit report maximum of 10 years. That does not mean you will not be able to reestablish credit after filing bankruptcy during those years. What you will be able to obtain will depend on your payment history after the bankruptcy, the type of credit applied for and the length of time since you filed.


Filed for bankruptcy 8yrs ago and not credit card since should I get credit card now to esatablish credit score and how long will it take to build this up to be able to remove bankruptcy from credit?

Normally the bankruptcy will remain on your report for 10yrs. The longer it is on your report the less impact it has on your score, although still an eye soar to potential creditors. I would recommend establishing one or two cards to build up your credit. Orchard Bank and First Premier are two of the easiest approval cards. Also, I would recommend establishing a secured loan with a small credit union that report to the 3 credit agencies. On the credit card(s) try to keep the balances below 35% if the credit line. A good credit score is also based on various types of credit, not just revolving credit (Credit Cards).


What will be your credit score after bankruptcy?

Your score will be very low. And it will remain low for quite sometime since bankruptcies can stay on your report for 10 years or more.


Can a lender report repossession of a discharged auto?

If they repossessed it as part of the bankruptcy (and you didn't get it back), probably yes. However, the bankruptcy itself is a bigger black mark than the repo, especially since it can stay on your credit report longer (up to 10 years after filing, though some bureaus remove Chapter 13 after 7 years; repos only stay for 7 years).


Does a bankruptcy discharged in May of 1997 come off your credit report now since it was before the law changed to 10 years?

Yes, bankruptcies can typically remain on credit reports for up to 10 years from the date of discharge. Since the bankruptcy was discharged in May 1997 and it has been more than 10 years, it should have been removed from your credit report. You may want to check your credit report to ensure its accuracy.


How long chapter 7 bankruptcy stay on credit report in wv?

A bankruptcy filing can remain on your credit report for up to ten years after your discharge. The good news is that you can work on rebuilding your credit and in approx. 3 years you may qualify for a major loan if you've paid all bills on time since the bankruptcy, have consistent employment, etc. Make sure incorrect information stays out of your credit file. You can request a copy from one or more of the credit reporting agencies . You will need to provide your name, address, SS#, DOB, employer and addresses from the last two years. Please see related links to request a free annual copy of your credit report.


How do you find out if your bankruptcy status is correct?

I'm not sure what this question means by "bankruptcy status." Assuming it means whether your credit report has correctly listed your bankruptcy, or correctly listed the debts on your credit report as "discharged in bankruptcy," then under the new law each person is entitled to one free copy of their credit report per year, so one can request a copy from one of the three credit reporting companies and check if the bankruptcy is correctly listed and if all of the debts listed in the bankruptcy say "Discharged in bankruptcy" on the credit report. 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. Not sure what your asking, but you can always take your file number to the bankruptcy clerk and ask her to see your file. At least you can see the complete names and addresses of your creditors, dates of notifications, and order of actions taken in your case, first hand. - you can always call your attorney since you paid them to represent you, the trustee in charge of your case, or the bankruptcy court.


My ex-husband of 8 years filed bankruptcy on a home that I signed a quit claim on but my name is still on the mortgage as a co-debtor will this show as a bankruptcy on my credit report as well?

No the bankruptcy will not show on your credit history unless you filed as well. However, now the mortgage company has the right to come after you in full for the amount owed, since the Court has released him from all obligations.


How can you mend your credit after a paid collection?

Only the credit bureaus the collection agency can remove a collection from your credit report. The collection agency won't do it now since it is paid and they have no reason to. You can dispute it to the credit bureaus and ask for verification on the account. They will have 30 days to verify the items or it must be removed from your credit report.