old bankruptcy still on report

[jimbo367]

Old dismissed case is still listed on Trans Union from June '03

Asked to remove, get no response.

Other two CRA's removed it

Any ideas to get it off report

[SMinGA2]

10 years, so by June '13 should be gone.

[spidge]

10 years, so by June '13 should be gone.

...from filing date. Correct?

[tobee43]

...from filing date. Correct?

that is what i have heard over and over on the forum, however, from what i have seen it's from the discharged date.

[LadyInTheRed]

My credit report shows when my BK will be removed from my report and it is 10 years after the filing date.

[df04527]

Filing date.

[tobee43]

i guess i'm going to have to wait another 6 years or so to see!

here's why i say discharge date:

person thinks the same thing, challenges the reporting credit agencies for not removing the bk from the reports. claiming they filed on such and such a date and send in proof of filing. credit reporting agency all three of them get back to her all asking to send copies of the discharge order. she does, and that is the date all three agencies say they are using and not the filing date.

now this was a while ago, maybe the law has changed, i do not know, but i do know what this person experienced because i helped her get all her paperwork together to send. it was just consistent with all three of the main reporting agencies, so i use that as my sample impression. who knows, maybe they were just giving her a really bad time.

[spidge]

So was this case dismissed or discharged?

[tobee43]

So was this case dismissed or discharged?

discharged, they did not request the close order, just the discharge order.

[LadyInTheRed]

From the Federal Fair Credit and Reporting Act:

§ 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.

An entry for order for relief occurs when your voluntary BK petition is filed. From 11 USC § 301:

(b) The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter.

[tobee43]

From the Federal Fair Credit and Reporting Act:



An entry for order for relief occurs when your voluntary BK petition is filed. From 11 USC § 301:

and taking that one step further in understanding what an "order for relief" exactly means; it is the event that marks the beginning of a bankruptcy proceeding, the date of which affects other matters, such as what claims are administered in the proceeding. that's clear enough to define the filing date as far as i'm concerned. (this took place over 15 years ago, so i don't know if the code changed, very possible in light of many of the bk changes taking place a few years back).

based on that statue it appears those credit agencies were giving her undue hardship to get the bk removed.

[IBroke]

My credit report shows when my BK will be removed from my report and it is 10 years after the filing date.

Same here..

[Flamingo]

My credit reports did also at the time and after 7 years passed from the date of our filing date in April 2002 (Chapter 13), we obtained our credit reports in May 2009 and all BK information was gone. In fact, the next issue for us was not having enough credit as prior good accounts not included in the BK were gone also....Your BK will be removed 7 years from the filing date if you filed Chapter 13, 10 years from the filing date if you filed Chapter 7.

[jdcat]

Our first bk was removed from our reports this past April, 10 years from the date we filed.