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supercooper

How to get a dismissed bankruptcy off my credit report

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I filed chapter 7 BK a couple of years ago. We had a faulty apartment manager who was trying to evict us and I had to file a bankruptcy to stop the proceedings. She AA soon fired and I let the BK be dismissed by the court. It never went farther than me filing. But now it is on my credit report and says it will be on there until 2023!! Can I have this removed?

 

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Unfortunately no, you cannot have it removed.  BK is a public record like a tax lien or judgment and it will report for the entire time.  It does less damage as time passes but this is something to consider before filing BK randomly when you are not going to follow through.  It will report for 7-10 years after the date of filing or discharge.

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Unfortunately this will stay on your credit report because you did file BK, even if it was later dismissed. You might be able to get the CRA's to state that it was dismissed rather than any debt discharged. It might or might not help.

I would however look into the law regarding dismissed BKs. I know a BK 7 stays on your report for 10 years but is that all BK 7s or only those that lead to a discharge. All other BKs stay on your report for 7 years. You need to determine the stay period because if a discharged BK 7 stays on your report for only 7 years, they are reporting the wrong removal date and you can argue that.

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Just to clarify, the Fair Credit Reporting Act states in part:

Quote

 

§ 605. Requirements relating to information contained in consumer reports [15 U.S.C. § 1681c]

(a) Information excluded from consumer reports. Except as authorized under subsection B of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:

(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.

 

Ergo. . . based upon the terms of the FCRA, any bankruptcy, regardless of Chapter and regardless of whether or not it ended in dismissal or discharge can be reported for up to 10 years from the moment the petition (case) is filed.  Such does not preclude the reporting agency from reporting it for less than 10 years. The law only requires that it cannot be reported for more than 10 years.

Des.

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