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Tuesday, November 12, 2013

Bankruptcy & Your Credit Report

People considering filing bankruptcy and individuals who have filed bankruptcy have many questions about the effect of bankruptcy on their credit report.  The overall effect of the bankruptcy on an individual's credit depends on a number of factors, such as the other items that are reported on the credit report, and the individual or agency who is reviewing the report.

After a bankruptcy case is filed it is reported on an individual's credit report (just as other public records are reported such as lawsuits and tax liens).  The Federal Fair Credit Reporting Act Section 605(a)(1) provides that the bankruptcy must be removed from the credit report ten years after the date the case was filed.  This remains true for Chapter 7 cases; however, the credit reporting companies have made a practice of removing Chapter 13 cases from individual's credit reports after 7 years.  The credit bureaus have said that this differing treatment is due to the fact that a Chapter 13 is a reorganization plan, and the debtors may be paying back some of their debt.  (In reality in the majority of Chapter 13 cases individuals are not paying back unsecured debts).  

After a bankruptcy discharge is received the balances on the debts that have been discharged should be changed to zero (showing that nothing is owing on these debts).  While any negative entries, such as late payments, will remain on the credit report until the time has passed for negative entries to fall off the credit report (that is typically 7 years from the date of the entry).


It is possible with diligent effort to rebuild one's credit score after a bankruptcy is filed.  Even within the 7 year period where the bankruptcy remains on the credit report.  

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