Legal Question in Bankruptcy in California

reporting for 10 years

I discharged my bk in june 2000. The law at the time was that is could stay on the credit report for 7 years. The law is now 10 years and my bk is still showing up on my credit report. Can I have this removed, due to the laws changing after my bk had discharged?


Asked on 11/25/07, 2:27 pm

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: reporting for 10 years

As far as I know, there never was a "law" that required a BK to stay on a credit report. The industry practice always has been 10 years. Perhaps you're confusing the time between filing Chapter 7 bankruptcies. It now is 8 years.

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Answered on 11/25/07, 2:33 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: reporting for 10 years

Your information regarding the 7-year period is incorrect. In 2000, the Fair Credit Reporting Act allowed a bankruptcy to remain on your credit report for up to 10 years. It was 10 years then and is 10 years now.

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Answered on 11/25/07, 2:41 pm
Brian Whitaker Lifeline Legal, LLP

Re: reporting for 10 years

just to clarify ... the change in the bankruptcy laws in 2005 had no effect on how long Bks could remain on your credit report. Generally, it has always been true that negative items on your credit report had to be removed after seven years ... but Bk was (and is) an exception to that.

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Answered on 11/26/07, 1:26 am


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