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why 10 years

Submitted by on Wed, 09/16/2009 - 22:44
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Filed for chapter 7 in 2002. My lawyer adviesed to file quickly because the law was about to change and would require a chapter 7 to remain on your record for ten years. So now seven years later I'm super excited to move on and now my report said in will be removed in 2012 what gives.


It doesn't seem right that in a chapter 13 it would stay on as long as in a chapter 7...I mean you pay a large portion off would it be more fair to have a lesser time on a credit report for those who are paying something? Just asking anyones opinion on this


Submitted by on Mon, 09/21/2009 - 12:40

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The 10-year reporting clock on BK's starts from date filed, not discharged. So it is the same for a 7 or a 13.

Keep in mind, that while BK's are only on your credit report for 10 years, the public records themselves are available indefinitely and available through PACER. My company generally looks up our applicants on PACER, and we will find BK's filed back in the 70s and 80s. We don't really care that much about old BK's, but we do look for a history of repeat-filings. If it looks like a person has a history of filing BK every 7 years like clock-work, and it is currently 6 years since their last BK, we probably won't give them a loan since they are almost due to file again.


Submitted by DebtCruncher on Mon, 09/21/2009 - 19:49

DebtCruncher

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