How Long will a Bankruptcy Stay on my Credit Report?

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In general, a bankruptcy will stay on one’s credit report for ten years. This is the simple method for determining credit worthiness, and even affecting possible employment when one files a straightforward Chapter 7 bankruptcy. When one files Chapter 13 bankruptcy, agreeing to pay certain amounts to cancel debt for a set period of time, the bankruptcy usually stays on one’s credit report for seven years.

It has become increasingly more popular to screen potential employees by looking at their financial records. This is particularly the case when the employee might be handling large sums of money, but it may also hold true for other types of jobs. Though it may not be fair, bankruptcy does have a tendency to negatively follow one for a long time.

This does not mean that one cannot get a job, purchase a home, rent an apartment, or even get a credit card within a few years of bankruptcy. However, financial experts warn those who are newly bankrupt to be very cautious about obtaining or using any new credit cards. In fact, paying in cash is often an excellent way to go for a few years after bankruptcy.

Firstly, if a new credit card is offered to one, it is likely to be offered with very high interest and high yearly fees. It may not be worth these fees to have credit. In fact, people who do get credit cards after a bankruptcy are very high risk and are more likely to miss payments or have trouble paying new loans. Missed payments can further damage one’s credit, even more so than a bankruptcy. They establish that one has not corrected financial behavior.

The person who has undergone bankruptcy and then contracted additional debt is most likely to face challenges finding work, renting a house, or buying a car on credit. This is because the person continues to establish a dubious financial record. It is essential that any new debt be contracted only with a great deal of thought, and only when one has the ability to repay debt.

Bankruptcy can occur for many reasons, and they are certainly not all the fault of the person who borrowed money in the first place. Unemployment, sudden grievous illness in the family, or one’s personal illness could all make repaying debt very challenging. When one has been able to recover financially from these setbacks, it can be helpful to inform people judging one by a bankruptcy why the bankruptcy occurred. Most employers, for example can relate to a person’s struggle to find work in a difficult job market, or the need to take care of an ill spouse.

Being upfront about bankruptcy and why it occurred can also score some points with people who are analyzing your ability to be a good tenant. It can help to have letters from former landlords detailing a good payment schedule on past rents. Some people are faithful with their rent, but had difficulty meeting other debts.

For some creditors, however, bankruptcy may have occurred for viable reasons, but it is still treated as a tremendous mark against one’s credit. It also does not matter to them when or why the bankruptcy occurred. It may have happened five or six years ago and still prove a factor. Legally it can be considered until ten years after the bankruptcy occurred.

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9
i have also noticed that mine is still there also. I filed in 2001. Should i dispute this with transunion and friends or what?
- buckbad1
8
My bankruptcy should fall off my credit report in October of 2009, will it?
- anon41636
7
For decades a Chapter 7 in the US has stayed on a report for 10 years. A Chapter 13 is supposed to stay for only seven. While a Bankruptcy stays on for 10, the individual creditors should only show negative (Late and Charge-offs) for seven years. i.e., The creditors and discharge show until 7 years. between 7 and 10 years just the bankruptcy discharge shows- after 10 years nothing related to the original bankruptcy should show. (The above does not include any new credit history after the bankruptcy is discharged.)
- anon36939
6
It will be 10 yrs. this Oct 2009 that my Chpt 7 BR will fall off my credit report.

I'm confused now, since I talked with a banker. They told me that BR will affect my credit for life and will always be there. And I've noticed that credit forms always ask the question. "Have you ever filed for bankruptcy?" It doesn't imply within a certain number of years, so how do I answer that question?

Please help. This has been bothering me for a long time.

- dlsa400
5
Telling people to use cash and not accept credit cards after a bankruptcy is *bad advice*. If you have recently filed BK you need to reestablish your credit. The only way to do that is to obtain credit and prove that you can handle it. I have seen people 6 months out of bankruptcy that have 720 credit, I have also seen people who paid cash for everything after the BK with 400 credit scores or no credit score because they never reestablished.

Ensuring that you can repay any obligation you take on after you BK is crucial, delinquencies after a bankruptcy are a fate worse than death for your credit. One can lose 100pts+ for a 30 day late after BK and multiple delinquencies after a bankruptcy will make you ineligible to purchase a home.

Just because you have a line of credit does not mean you have to use it. Take on new credit, 1-2 revolving accounts, just do not use them. Pay the annual fees, you are essentially buying your credit back.

6 months after your bankruptcy you should be sure to check your credit, make sure your former creditors are reporting to your creditors correctly, many do not.

If you reestablish your credit correctly, you may be eligible to buy a home (or refinance your existing home) as soon as 2 years after your Chapter 7 or in as little as 12 months of on time payments and permission from the court on a chapter 13.

Don't wait 7 years and then try to buy a house, you will be disappointed. Be proactive and show the credit world that you have learned from your previous wicked ways and that you have been rehabilitated.

Talk to a professional, ask them to help guide and plan your credit future. (do not pay them more than is reasonable for a few hours of work). The only professionals that I know that really know credit are Mortgage Professionals and not bank employees.

Mortgage Brokers look at credit on a daily basis and should have gone through some sort of sponsored training. Offer to pay them $50-150 to talk to you about it.

- anon32742
3
I was wondering the same thing, 2001 I was hoping would be removed but not so.

I am trying to find answer but not much luck yet.

- curty1012
2
i file for bankruptcy in 2002. mine is still on my reports.
- anon26381
1
my bankruptcy was discharged in 2002 at the time the law was that it would stay on my credit for 7 yrs. it was years later that the bankruptcy laws were changed making it 10 yrs. as far as I knew I was grandfathered in under the original terms of my discharge, but when I checked my credit reports they were saying the estimated time of removal was 2012. this upsets me as I was expecting this to be removed this year.

am I correct that this should come off this year? it seems illegal to change my terms years after the discharge.

- kev2pam

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Written by Tricia Ellis-Christensen
Last Modified: 19 September 2009

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