Legal Question in Bankruptcy in Georgia

Re: Terms of Bankruptcy

Hi. Sorry for my delay in getting back to you, what with the holidays and all.

All right. The first part of your question is how long can it remain on your credit report? The federal law on this states (Fair Credit Reporting Act, 15 U.S.C. �1681(c)): that cases under Title 11, or under the Bankruptcy Act, may be reported so long as the date of entry of the order for relief or the date of adjudication is not more than 10 years prior to the date of the report."

This is only a prohibition - some credit companies keep it on shorter. It's up to the credit agency if they wish to do this - but they CAN keep it on as long as federal law allows.

As to how to get it off AFTER the 10 years, or applicable shorter period of time - write letter to credit agency, asking for the report. Keep a copy and send it certified mail, return receipt requested. When you get it, if bankruptcy is still listed, send them a copy of your bankruptcy petition, with a letter pointing out that they are required by federal law to remove it, since period has expired, by certified mail, return receipt requested. Demand a copy of amended report reflecting this. If no answer within a month, send another letter, with copy of prior letter and all enclosures, and certified mail receipt, again by certified mail, pointing out it's been a month, and you want proof, and if you don't get it immediately, you will sue. Keep copy of this.

Good luck!

Neil Ackerman 516-228-8245