Legal Question in Bankruptcy in California

Effect of voluntary dismissal on credit rating

I would like to know the if there is any beneficial effect on a person's credit rating if they voluntarily dismiss a chapter 7 bankruptcy after they have been discharged. I heard that you can file a motion to voluntarily dismiss the case, but since I have already been discharged, I don't know if there is any beneficial effect.


Asked on 2/04/03, 6:18 pm

3 Answers from Attorneys

Mark Markus Law Office of Mark J. Markus

Re: Effect of voluntary dismissal on credit rating

First of all, you can't dismiss a case that's already completed (any more than you can close a door that's already closed). I honestly don't know the answer to your theoretical question. I don't believe there is any beneficial effect to having a case dismissed. I believe it can still be shown on your credit record for up to 10 years, although of course, you can always explain that it was dismissed.

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Answered on 2/04/03, 6:34 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Effect of voluntary dismissal on credit rating

Thank you for your posting.

When someone files a bankruptcy, it is a public record, and creates a new section of your credit report that contains the filing information. This is a negative on your credit, no matter what happens.

A Chapter 7 bankruptcy cannot be voluntarily dismissed, as other types of bankruptcy can, even if the case was still open. Once a bankruptcy is discharged, it is closed, and cannot be dismissed, usually.

Credit ratings are set by a number of different factors, and you may want to check out www.myfico.com or a similar site to see what will improve your credit score.

I hope that this information helps, but if you have any other questions you need answered, or want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I�m happy to help in any way that I can.

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Answered on 2/04/03, 8:52 pm
Alvin Tenner Law Office of Alvin G. Tenner

Re: Effect of voluntary dismissal on credit rating

Once you have been discharged the case is over.

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Answered on 2/06/03, 9:52 pm


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