Hi all, 1st time posting after reading this board for a while. Here is my situation,back in 1998 while going thru a divorce I filed for a Ch13 bankruptcy plan. After visiting with my lawyer about changes to make to the plan, he said to make no payments and it would be dismissed and we would refile, so I did this and we refiled later in 1998 even though I was against bankruptcy I got talked into it as going thru the divorce and all I wasn't thinking straight. So I decided I wanted to pay my bills on my own and let this bankruptcy be dismissed also and eventually paid all my bills on my own.I was under the impression that Ch 13's fall off your crdit report public records after 7 years. Here is what is on my 3 credit reports. Equifax: Dismissed 02/1998 , Dismissed 10/1998 Experian: neither show up Trans Union : Filed 2/01/ 1998 , nothing showing for the later 13. My question is should not all these not be showing up now, why some and not the others. What should I do? Thank you all for the replies, Mike
They may be 10 years. See FCRA.: http://www.ftc.gov/os/statutes/031224fcra.pdf "§ 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." But note also this: "(d) Information Required to be Disclosed (1) Title 11 information. Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title 11, United States Code, shall include in the report an identification of the chapter of such title 11 under which such case arises if provided by the source of the information. If any case arising or filed under title 11, United States Code, is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal."
So,I take it is up to each CRA to decide if they report it for 7 years or 10 years.Why would one Bankruptcy fall off Trans Union while the other remains as the 2/1998 remains but the 10/1998 fell off a few months ago from my Trans Union? Thanks for the help, Mike
I think what FCRA says is that they have to drop it at 10 years, but nothing in the law makes them keep it for that long.
I believe that a chapter 13 is supposed to be removed 7 years after the date of discharge. Usually a chapter 13 is paid on for three years, then discharged so it is still 10 years from the date that it is filed. The 10 years reporting probably has something to do with you not following through with the plan through the court.
Thanks for the replys, I really appreciate it. I guess what was really confused me was why both already fell off EX and at TU one fell off and one is still reporting even though the one that was filed later is the BK that fell off the report. If I may bother you with one more question. Both Bk are still showing on equifax and are listed as follows: BK13 #1 Date filed 5/10/1998 Current Disposition date 3/12/1999 Date reported 3/09/2006 BK13 #2 Date filed 12/02/1998 Current Disposition Date 1/19/1999 Date reported 8/18/2004 I was curious about the date reported on these and if it has anything to do when these fall off,these have both been on my report since 1998? Also should I expect these to fall of in 2008 or 10 years after the disposition date? Again thanks so much for the replys as I have read over the site and not really found what I was looking for. Mike
