Jan
16
2013

Account reported as potentially negative after bankruptcy discharged

 

Dear Experian,

I went through Chapter 13 bankruptcy. I paid all that I owed, and my Chapter 13 was discharged in March 2012. I requested an item be deleted since the seven years was up, and my request was denied. They said it was because the account was brought current. How can that be?

- GLD

 

Dear GLD,

Presumably, the account you requested to be deleted was one that was discharged through your bankruptcy. You weren’t clear as to when your bankruptcy was filed, or whether the account in question was late prior to the bankruptcy filing. In most cases, public records for Chapter 13 bankruptcies are discharged five years after the date filed.

The discharge date of a bankruptcy does not affect when information is deleted from your credit report.

Accounts included in bankruptcy that were current prior to the bankruptcy filing remain on your report for seven years from the date the bankruptcy was filed. If the account was delinquent at the time the bankruptcy was filed, the account remains seven years from the date the account first became delinquent.

If the account was reaffirmed and removed from the bankruptcy filing, it may continue to be reported, especially if the payments are now current and the account is open and active. In that instance, the account would be treated as any other open account.

The positive payment status would continue to be reported. Any late payment history would be deleted seven years from the original delinquency date, which is the date the account first became late and after which was never again current. If you have obtained a recent copy of your report directly from Experian and you still feel the item is being reported inaccurately, it may be helpful to speak with a customer service representative by calling the number listed on your Experian credit report.

Thanks for asking.

The “Ask Experian” team

 

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