Legal Question in Bankruptcy in New York

Clearing bankruptcy off credit reports

I filed for bankruptcy about 8 years ago. I thought that the credit agencies (Equifax, Experian, TransUnion) can keep the bankruptcy information on your report for 7 years and then it would come off automatically. I know that they have changed the law to 10 years but shouldn't I still be 7 years since I filed before they changed the law? And also if the credit bureaus haven't taken it off my report, what can I do?


Asked on 7/12/07, 1:10 pm

2 Answers from Attorneys
Richard S. Stolker Uptown Law, LLC

Re: Clearing bankruptcy off credit reports

Bankruptcy filings remain on a person's credit report for 10 years. I believe that has been the law for a long time; it is not a recent change.

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Answered on 7/12/07, 2:36 pm
Nancy Delain Delain Law Office, PLLC

Re: Clearing bankruptcy off credit reports

No, sorry, the term that the credit reporting agencies keep a bankruptcy on their records of an individual has always been 10 years.

Ten years and one day after the discharge date of a bankruptcy action, the debtor can consider writing to all three reporting agencies asking them to remove the bankruptcy from the credit report. The addresses are probably online at the credit reporting agencies' websites.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

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Answered on 7/12/07, 6:12 pm


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