Legal Question in Bankruptcy in California

Chapter 7...Removable after 7 or 10 years

I filed Chapter 7 in March 2001. At the time I was told I would be able to remove it from my credit in 7 years. Now, however, as I'm doing some online research, the timeframe seems to have moved to 10 years. Is that a reflection of the change in BK laws in 2005? Since I filed in 2001 will the 10-year statute still apply to me? Thanks.


Asked on 9/16/08, 9:06 pm

4 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: Chapter 7...Removable after 7 or 10 years

It's always been on the credit report for 10 years. It's not a law -- just an industry practice. What did change is the time between bankruptcies. It used to be 6 years. Now it's 8.

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Answered on 9/16/08, 9:45 pm
Mark Markus Law Office of Mark J. Markus

Re: Chapter 7...Removable after 7 or 10 years

Yes, the 10 year law applies to you. No, it has nothing to do with the change in the bankruptcy laws. It's not a bankruptcy law at all. It's a law signed by President Clinton prior to 2000.

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Answered on 9/16/08, 10:39 pm
David Gibbs The Gibbs Law Firm, APC

Re: Chapter 7...Removable after 7 or 10 years

The bankruptcy itself will remain on your credit report for 10 years. The negative items showing the discharge of obligation for each creditor only stay on for 7 years. That has always been the case, or at least for the past 15 years that I have been practising law.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 9/17/08, 12:06 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Chapter 7...Removable after 7 or 10 years

The law was 10 years back in 2001 and is the same today. The bankruptcy reform laws from 2005 had no impact on how long a BK remains on you credit report.

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Answered on 9/17/08, 5:00 pm


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