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Chapter 13 Statute of Limitations


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I filed a Chapter 13 in:

May of 1997 it was dismissed in August of 1997.

I have had success in getting it removed from Transunion and Experian.

However, Equifax has been telling me that a dismissed BK 13 stays on your report for 10 years, But a discharged BK 13 is 7 years.

Is that correct?

And, if it's 7 years... Is it from the date it was filed or the date it was dismissed?

This is in Illinois.

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I filed a Chapter 13 in:

May of 1997 it was dismissed in August of 1997.

I have had success in getting it removed from Transunion and Experian.

However, Equifax has been telling me that a dismissed BK 13 stays on your report for 10 years, But a discharged BK 13 is 7 years.

Is that correct?

And, if it's 7 years... Is it from the date it was filed or the date it was dismissed?

This is in Illinois.

HI! just thought I would say welcome to the club EQ is doing the same thing to me. Dismissed is bad Discharged is good. I wish my lawyer had told me the difference before he told me to let it dismiss.....I am just going to keep calling them and writing letters to them about it until it is removed. Maybe it will work maybe it won't. And it is 7 (or 10) years from the date filed.

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I am just going to keep calling them and writing letters to them about it until it is removed. Maybe it will work maybe it won't. And it is 7 (or 10) years from the date filed.

I went to equifax website directly and found this on there:

The time periods listed above are measured from the date in your Credit Report shown in the DATE OF LAST ACTIVITY field accompanying the particular credit or collection account.

Courthouse Records Remain for 7 years from date filed except:

Bankruptcy-Chapters 7 & 11 remain 10 years from DATE FILED.

Bankruptcy-Chapter 13 non-dismissed or open remain 10 years from DATE FILED.

Unpaid Tax Liens remain INDEFINITELY.

Paid Tax Liens remain up to 7 years from the DATE RELEASED.

If I'm reading this correctly it is saying that dismissed items are removed 7 years from filing.

...But Equifax told me it would be 10 years from the date filing for dismissed BK 13.

Any thoughts on this.

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"(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, as the case may be, antedate the report by more than 10 years."

I don't see an exception for Chapter 13.

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FYI

I disputed the CH13 dismissal listing again by mail sending a copy of a recent credit denial stating the CH13 as the reason.

EQ has put it as "in dispute" on my TC report and my EQ fako TC score dropped 30 points.

However, my scorewatch EQ fico went up 6.

AAARRRGGGHHH!!

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