When does Bankruptcy Start to Come off Credit Report?

[debee]

... The order for relief according to §301 of the Bankruptcy Code is entered on the filing date, so the ten year period is measured from the bankruptcy filing date, not the discharge date.

Yup. This is the correct information.

[tobee43]

i do believe the "truth" will be in the future.

while some 13's may come off, the 7's will not and they are from the discharge date. hopefully hhm will look it up and we will get the "final" answer.

[df04527]

Over 70% of the time i see 13's and 7's removed exactly the month of the date originally filed 7 yrs later or 10 yrs later respectively (30% come off sooner). i do this for a living, every day and see hundreds of reports every month - can't get more real than that.

[tobee43]

Over 70% of the time i see 13's and 7's removed exactly the month of the date originally filed 7 yrs later or 10 yrs later respectively (30% come off sooner). i do this for a living, every day and see hundreds of reports every month - can't get more real than that.

i do hope that the case. i know only of two people that had a 7 that is the credit report agencies used that discharge date. BUT that was prior to the 2005 change in laws. so that's my only persoal experience with it, none after 2005. i hope ours will come off sooner that's all i can say..

since you do this for a living....is there any special secret to get it off sooner???

[debee]

FCRA section 605 (1) states: Chapter 7 bankruptcy is on the credit report 10 years from the date of the Order for Relief.

You can read it here: http://www.debt-collection-laws.com/FCRA/605.html

The important phrase is "order for relief". When is that granted?

To get that answer you check 11 USC 301 (b) which states: "The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter."

You can read it here: http://www.law.cornell.edu/uscode/us...1----000-.html

Therefore "order for relief" (when the clock starts ticking) = "commencement of case" (filing date).

[df04527]

since you do this for a living....is there any special secret to get it off sooner???

i wish there was a secret..... it comes down to verification of its reporting accuracy and because that's a mess with public records (researched and subsequently updated by the credit bureau themselves) it becomes an unbelievable quagmire but I sure do see them come off before their reporting SOL is up.

[HHM]

Concur

FCRA section 605 (1) states: Chapter 7 bankruptcy is on the credit report 10 years from the date of the Order for Relief.

You can read it here: http://www.debt-collection-laws.com/FCRA/605.html

The important phrase is "order for relief". When is that granted?

To get that answer you check 11 USC 301 (b) which states: "The commencement of a voluntary case under a chapter of this title constitutes an order for relief under such chapter."

You can read it here: http://www.law.cornell.edu/uscode/us...1----000-.html

Therefore "order for relief" (when the clock starts ticking) = "commencement of case" (filing date).

[tobee43]

i'll use those quotes of the statue when the agencies still insist's it 10 years from the discharge order! and not the order of relief...

we shall see. as i stated the only two i KNOW of where prior to 2005. and both had to produce the discharge order at one point or another to get the bk removed from the reporting agencies.

one i actually helped attempt to get off the trans union report. trans union's response was not until such and such date of the discharge is done which at the time of the correspondence was approx. six more months to wait for this person. and it was a fact, trans union did wait until the at END of the month of the discharge order.

both were chapter 7's as i stated and both are real true life happenings. so for the sake of all of us that have filed within the past 5 years, i'll hope it will actually be from the date of "filing".

[free2breathe]

You crack me up, tobee. Even HHM's concurring won't convince you. But yes, at least if the credit reporting agencies don't take your bk off, you can give them the FCRA rules and the BK code to back up your insistence that they remove it.

[tobee43]

You crack me up, tobee. Even HHM's concurring won't convince you. But yes, at least if the credit reporting agencies don't take your bk off, you can give them the FCRA rules and the BK code to back up your insistence that they remove it.

free2breathe....i crack myself up too...LOL!!!

i'm from MO....i have to SEE it to believe it...and when you think you have seen it all something new comes up. i'm just hoping your all correct on this one.

it just seems now a days even if it were listed as clear as the nose on one's face with a court ruling you still have to fight one's butt to get something corrected or done.

i hope i'm the first to announce on the site my bk was removed on my anniversary filing date...LOL!!!!