Legal Question in Bankruptcy in New York
Dismissed bankruptcy
I have a dismissed chapter 7 bankruptcy showing up on my credit report. It is 4 years old. I have since paid all my creditors and settled all my accts. However it still shows up in the public records section of my credit reports as a bankruptcy, i am being punished as if i had the bankrupcty but with none of the benefits. Do i have a legal right to have this removed from my credit report???
1 Answer from Attorneys
Re: Dismissed bankruptcy
Very few Chapter 7 bankruptcy cases are dismissed, so it is unusual that you didn't discharge your debts through the bankruptcy filing.
Unfortunately for you, once a bankruptcy is filed, it becomes a "public record" which can be reported on a credit report for up to ten years from the date your petition was filed. Thus, you cannot remove it.
However, four years has passed. The more time that passes, the less important the bankruptcy becomes. You say that you are being punished, but you don't indicate if you are actually being declined for credit. It is possible that the bankruptcy public record is not the problem, but instead, the derogitory credit information about late payments. Such derogitory information can be reported for up to seven years.
I suggest that you go to any large book store and get a book on credit to get more information. You can also learn more about credit and bankruptcy by looking at these two web pages:
For information as to how bankruptcy effects credit, check: http://www.bankruptcycanhelp.com/credit-after-bankruptcy.php
For information about life after bankruptcy and the effect on credit, check: http://www.bankruptcycanhelp.com/pdf/2007-09-S-Getting-Credit.pdf
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