Legal Question in Bankruptcy in Illinois

Filing a motion to dismiss bankruptcy will it stay on our credit

We want to file a motion to dismiss our bankruptcy.Our attorney says since we already filed the bankruptcy info will stay on our credit history for 10 years, even though we did not go through with it. Is this true? IF not then how will our credit history go back to its normal stat?


Asked on 3/31/03, 1:56 pm

1 Answer from Attorneys
Thaddeus Hunt Law Offices of Thaddeus Hunt

Re: Filing a motion to dismiss bankruptcy will it stay on our credit

Under 15 U.S.C. 1681(c) information that an individual(s) filed for bankruptcy may remain on the credit report for up to 10 years after the entry of an order for relief or date of adjudication.

When you file for bankruptcy it becomes part of the public record.

Even if an order is entered dismissing your case an argument can be made that it can appear on your credit report for 10 years.

You would have to look at relevant case law to determine whether courts have been asked to interpret the term adjudication as it applies to this section.

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Answered on 3/31/03, 11:50 pm


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