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.
4 Answers from Attorneys
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.
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.
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.
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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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