How Long Does Bankruptcy Stay on Public Record
The documents involved in a bankruptcy case are usually listed in public records. This means the public may get information about your bankruptcy without obtaining authorization from a court or other government entity. Although it might be challenging to have your bankruptcy records expunged from your public record with DoNotPay, we can make this process less stressful. Continue reading to see and how DoNotPay might help.
How Long Does Bankruptcy Remain Public Information?
A Chapter 7 bankruptcy will be on your record for , while a Chapter 13 bankruptcy lasts . After the periods are over, the bankruptcy should automatically be removed from the public record.
Most types of bankruptcies remain on your credit report for up to 7 years. Completed Chapter 13 bankruptcies stay for 7 years, while Chapter 7 bankruptcies stay for 10 years. The older the bankruptcy, the less impact it has on your credit score.
A foreclosure will also stay on your credit report for 7 years. This 7-year period begins on the date of your first missed mortgage payment.
In the past, tax liens stayed on your credit report for up to 7 years for paid liens, and 10 years for unpaid liens. However, credit bureaus no longer include tax liens in credit reports.
Can You Erase Bankruptcy From a Credit Report?
Removing bankruptcy from your credit report is situational. It is only legal if the bankruptcy claim is factually erroneous, misquoted, disputed, or inaccurate. You cannot lawfully have a bankruptcy removed from your credit report if:
- You do not wish for it to be recorded on your record
- You have paid off all of your debts
- Your credit score has increased
How to Permanently Remove a Bankruptcy From Your Credit History
You may be able to have your bankruptcy discharge deleted from public records if you can demonstrate that it was recorded wrongly. While doing so, you should avoid the following mistakes:
- Inaccuracies in your credit report
- Creditors who falsely report debt and bankruptcy
- Incorrect dates of the bankruptcy filing
- Discharged debts remain on your credit report
- Illegible or erroneous names, addresses, phone numbers, or dates
- Bankruptcy showing up on your credit report even though you did not cause it
Remember, a bankruptcy claim may appear on your record due to identity theft, administrative faults, or a wholly random error. Although these are less prevalent, proving your innocence may require the services of an attorney.
You can contact the credit bureaus to make a legitimacy check on the credit report. You can contact some of them here:
|Credit Bureaus||Phone Number||Mailing Address|
|Equifax||(866) 349-5191||Equifax Information Services LLC, P.O. Box 740256, Atlanta, GA 30348|
|Experian||(888) 397-3742||Experian, P.O. Box 4500, Allen, TX 75013|
|TransUnion||(800) 916-8800||TransUnion LLC Consumer Dispute Center, P.O. Box 2000, Chester, PA 19016|
How to Rectifying Bankruptcy Errors
You have the right to challenge any errors in your credit report or bankruptcy. If the credit bureau cannot establish the legitimacy of the bankruptcy claim, the bankruptcy must be terminated. To establish that an error exists, take the following steps:
- Decide whether you want to hire an attorney early on or later in the process.
- Notify the United States Bankruptcy Trustee's Office of bankruptcy fraud. Remember that even if the bankruptcy was a legitimate error, it is still considered "bankruptcy fraud."
- Include your name, address, and all necessary documentation regarding the bankruptcy that is needed.
- Analyze the financial losses incurred due to the credit reporting agency's error, if any.
- Allow the FBI to investigate the situation. If a criminal investigation is underway, the Department of Justice will not inform you unless they need additional information.
- Amass all relevant documentation and specific facts. These will be used to defend your claim in court.
- Speak with a credit repair lawyer about reviewing your case or assisting you in preparing for your court appearance.
Proving bankruptcy fraud can be a lengthy and tedious process. Fortunately, a legal advocate can aid you in decreasing stress and saving time during the process. Even more convenient is an online lawyer, and who better to represent you than DoNotPay, your trusted virtual lawyer?
Why Use DoNotPay to Remove Bankruptcy on Public Record
In the event of inaccurate bankruptcy reports, DoNotPay will launch a Credit Dispute. If you discover inaccuracies in your credit report, you can use DoNotPay to dispute the errors with the major credit bureaus. Follow these instructions to get started with DoNotPay:
- Search Clean Credit Report on DoNotPay.
- Prepare a recent copy of your credit report that you can use as a reference.
- Let us guide you through the 4 potential options:
- If you've already paid off your debt, we'll help you file a Goodwill Removal Request to get it removed.
- If you notice any errors in your report (we have a list of common errors you can use!), we'll help you file a credit dispute to the creditor or major credit bureaus.
- If there are no errors, we'll check if you're still eligible to file a debt validation request. If they can't validate your debt, they're required to remove it from your report and they can't collect it!
- Lastly, if none of the above options work, we'll help you file a pay-to-delete negotiation letter. You can customize the amount you are willing to pay in exchange for getting the item removed.
What Else Can DoNotPay Do For You?
At DoNotPay, we will help you:
- Learn about debt validation letter
- Learn how to fix your credit score
- Learn about credit dispute letter
- How to remove late payments from credit report
- Remove inquiries from credit report
Trust DoNotPay to deliver quality work on our services. We understand that dealing with a government office can be very frustrating. That is why we want to handle it for you. Contact us today to avoid the hassle and long formalities.