Removing Bankruptcy From Your Credit Report
The economic fallout from the COVID-19 pandemic looked like it was going to cause a flood of bankruptcy filings in 2020, but just the opposite occurred. Filings dropped from 774,940 cases in 2019 to only 544,463 in 2020, a 29.7% decline. That was the lowest since 1986.
Still, half a million filings represent a lot of financial pain and hardship and the pain could grow. Bankruptcy filings tend to escalate gradually after an economic downturn. Following the Great Recession of 2008, bankruptcy filings increased for the next two years, peaking in 2010 at 1.5 million.
If youve been forced into bankruptcy, you are far from alone. More than 500,000 Americans declared bankruptcy in 2020, some because of the fallout in the economy from the COVID-19 pandemic, others for the usual difficulty of managing personal finances.
One thing they all have in common: They want to get this financial red flag off their credit reports as soon as possible.
Can this be done? Eventually. But, its neither quick nor easy.
Assuming that the;bankruptcy;is legitimate rather than the result of identity theft or a clerical error, it will remain on your credit report for seven to 10 years. However, desirable it may seem to be, getting bankruptcy off your credit report shouldnt be the overriding concern.
Think of it as one part of repairing your credit and recovering from the financial damage related to it.
To Remove A Bankruptcy From Your Credit Report Youll Need To Find Evidence That The Bankruptcy Was Reported Incorrectly Otherwise It Will Only Come Off After Seven Or 10 Years Depending On The Type Of Bankruptcy
Beyond the stress and inconvenience that comes with filing for bankruptcy, it can have a long-standing impact on your credit report and score.
Fortunately, that negative impact can be mitigated with the right help.
Debt Relief Alternatives To Bankruptcy
Bankruptcy has serious consequences. A Chapter 7 bankruptcy will remain on your for 10 years, and a Chapter 13 will remain for seven years. That can make it more expensive or even impossible to borrow money in the future, such as for a mortgage or car loan, or to obtain a credit card. It can also affect your insurance rates.
So itâs worth exploring other types of debt relief before filing for bankruptcy. Debt relief typically involves negotiating with your creditors to make your debts more manageable, such as reducing the interest rates, canceling some portion of the debt, or giving you longer to repay. Debt relief often works to the creditorâs advantage, too, as they are likely to get more money out of the arrangement than if you were to declare bankruptcy.
You can negotiate on your own or hire a reputable debt relief company to help you. As with , there are scam artists who pose as debt relief experts, so be sure to check out any company that youâre considering. Investopedia publishes a regularly updated list of the best debt relief companies.
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How Much Debt Do I Need To File Bankruptcy
The minimum amount of debt required by law to file bankruptcy in Canada is $1,000; however, the true test is whether or not you are insolvent.
If you are unable to pay your debts as they come due, then bankruptcy is an option for you. Whether you should file involves weighing the pros and cons of bankruptcy, including eliminating your debts, with the cost of bankruptcy.
How Long Does A Chapter 13 Bankruptcy Stay On Your Credit Report
A Chapter 13 bankruptcy stays on your credit reports for up to seven years. Unlike Chapter 7 Bankruptcy, filing for Chapter 13 bankruptcy involves creating a three- to five-year repayment plan for some or all of your debts. After you complete the repayment plan, debts included in the plan are discharged.
If some of your discharged debts were delinquent before filing for this type of bankruptcy, it would fall off your credit report seven years from the date of delinquency. All other discharged debts will fall off of your report at the same time your Chapter 13 bankruptcy falls off.
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Rebuilding Your Credit After Bankruptcy
You don’t have to wait until your bankruptcy is removed to begin rebuilding your credit history. The good news is that as time goes by and you begin to reestablish your credit, the bankruptcy notations will begin to affect you less and less.
Here are some ways to help your credit recover from bankruptcy:
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Background Checks And Renter Blacklists
In addition to credit reports, many landlords hire companies to perform background checks that are more extensive than a credit report. Background checks can uncover information about criminal history, including sex offender status.
Some companies, including the major credit bureaus, offer “renters screening reports,” often called blacklists, of people whose names appear in the records of housing courts nationwide.
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You Can Improve Your Credit After Bankruptcy
Dont give up after youve filed for bankruptcyyou can improve your credit score. But be patient, because it could take some time. If you want a little extra help, sign up for our free , or consider ExtraCredit. Restore It, a feature on ExtraCredit, gives you an exclusive discount to one of the leaders in credit repair. They can help you work to get your score where you want it to be after youve filed for bankruptcy.
Does Bankruptcy Clear Evictions And Discharge Back Rent
It’s relatively common to owe a landlord money after being evicted from a rental property. Fortunately, since rent is an unsecured debtjust like a debt owed to a credit card company or medical providerit will be discharged when you file a Chapter 7 bankruptcy or a Chapter 13 bankruptcy with a repayment plan.
Some jurisdictions have specialized courts that hear evictions and other disputes between renters and landlords. Some of these courts have the authority to issue judgments against renters for specific amounts relating to money owed for past due rent or damages. These judgment amounts get discharged in bankruptcy, but the eviction will still appear on your credit reports and background checks.
Keep in mind that not all debts get forgiven in bankruptcy. For instance, if you willfully and maliciously caused damage to the rental property, the landlord could file a lawsuit asking the bankruptcy court to prevent the discharge of that debt. Realistically, most landlords won’t go to that trouble unless the unit needed extensive repairs and the landlord has substantial proof that you knew that your actions would likely cause the damage.
Correcting Misreported Discharged Debt
Disputing errors is relatively straightforward. You’ll do so by using the online procedure provided by each of the three major credit reporting agencies.
A creditor who repeatedly refuses to report your discharged debt properly might be in violation of the bankruptcy discharge injunction prohibiting creditors from trying to collect on discharged debts. If you take steps to remedy the misreporting, and the creditor refuses to fix the error, talk to a bankruptcy attorney.
Consumers Can Seek Chapter 7 Or Chapter 13 Bankruptcy
There are two types of bankruptcy that consumers can choose if their financial situation warrants it: Chapter 7 or Chapter 13 bankruptcy. The type of bankruptcy you choose will ultimately determine how long it remains on your credit report.
Chapter 7 bankruptcy essentially means any unsecured debt will be wiped out with certain limits and restrictions. The other type is Chapter 13 Bankruptcy, which calls for people to continue paying their debt for several years and afterward, a portion of that debt is discharged.
How Can I Wipe Out A Bad Borrowing History
Some items will;stay on your credit report;for several years anyway:
- A bankruptcy will stay on your credit report, from the date of discharge, for six or seven years , depending on the credit bureau, the province you live in, and whether you were also previously bankrupt.
- A consumer proposal will stay on your credit report, from the date of discharge, for three years.
However, some lenders will consider giving you credit anyway, if you eliminate the other bad history and create some good history.
To eliminate bad borrowing history from your credit report as quickly as possible:
Make Sure The Right Accounts Were Reported
After your debts are discharged, review your credit reports to make sure that only the accounts that were part of your bankruptcy are reported by the as discharged or included in bankruptcy on your reports. If you find mistakes, notify the credit bureaus and dispute the errors on your credit reports .
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How To Build Your Credit After Bankruptcy
A bankruptcy is a devastating and life-altering event that can leave some serious emotional scars. But just because youve got bankruptcy or other negative info clouding up your credit history, it doesnt mean your life is over. You can come back from a bankruptcy, and it starts with dusting yourself off and learning from your mistakes. Here are some ways to help rebuild your financial stability after a bankruptcy.
Bankruptcy & Your Credit Score
Unlike what you may have heard – filing bankruptcy does not ruin your credit forever! Itâs one of the biggest myths about bankruptcy.
In reality, many people see their credit score go up almost immediately after filing bankruptcy. If you need debt relief but are worried about how a bankruptcy affects your credit rating, this article is for you. Letâs start at the very beginning…
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How Long Does A Bankruptcy Stay On Your Credit Report
When consumers have more debt than savings and are faced with mounting bills and saddled with other ones such as student loans, filing for bankruptcy might be the only option. However, if you are considering filing for bankruptcy it’s important to consider the long-term consequences.
One of these consequences is the impact bankruptcy can have on your credit. Depending on how you file, the bankruptcy could remain on your credit report for seven or as long as 10 years. People who have exhausted all their options and can not get another job or increase their income are faced with few choices.
Filing for bankruptcy often remains the only viable choice for some individuals. People who are considering filing for bankruptcy should first consult with a non-profit credit counseling agency or attorney to see if it is the right choice for them.
The law states that consumers must also seek pre-filing bankruptcy counseling. The counseling helps people learn about several options other than bankruptcy, such as settling with creditors, entering into a debt management plan or simply not paying the debt.
Removing Inaccurate Information From Credit Records
Credit bureaus and companies that provide renters screening reports are subject to the provisions of the Fair Credit Reporting Act. If you’re denied rental housing because of a credit report or a renters screening report, you’re entitled to the name of the provider and a copy of the report itself.
The company issuing the report isn’t required to remove correct and verifiable information. But, you can dispute anything that’s inaccurate. If it’s unverifiable, the company must remove it from the report.
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Can You Still Get A Loan Even With A Bankruptcy On Your Credit Report
Many people think that just because they filed for bankruptcy, then this means that they will not be able to get a loan or a new line of credit. The truth is, there are many different companies and lenders that specialize in lending to people who just filed for bankruptcy or with bad credit.
Of course, you will find that the interest rates and the fees are high compared to when you still had a stellar credit score. Thats why its important to be cautious and to not be blinded by the unbelievable offers immediately after your bankruptcy discharge. Make sure that you read the fine print and clarify all the details before going for a loan or a credit card. You dont want to end up in a more dreadful situation than you were in pre-bankruptcy.
So, what types of loans or credit are you still eligible for even after filing for bankruptcy? We listed down the credit options for you
Consider Applying For A Secured Credit Card
After filing for bankruptcy, its unlikely that you will qualify for a traditional credit card. However, you may qualify for a secured credit card. A secured credit card is a credit card that requires a security depositthis deposit establishes your credit limit.
As you repay your balance, the credit card issuer usually reports your payments to the three credit bureaus. Repaying your balance on time can help you build credit. Once you cancel the card, a credit card provider typically issues you a refund for your deposit.
When shopping for secured credit cards, compare annual fees, minimum deposit amounts and interest rates to secure the best deal.
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What Happens To Your Credit Score When Derogatory Marks Fall Off Your Report
Most negative items should automatically fall off your credit reports seven years from the date of your first missed payment, at which point your credit scores may start rising. But if you are otherwise using credit responsibly, your score may rebound to its starting point within three months to six years.
If a negative item on your credit report is older than seven years, you can dispute the information with the credit bureau and ask to have it deleted from your credit report.
When Is Bankruptcy Removed From Your Credit Report
A Chapter 7 bankruptcy can stay on your credit report for up to 10 years from the date the bankruptcy was filed, while a Chapter 13 bankruptcy will fall off your report seven years after the filing date.
After the allotted seven or 10 years, the bankruptcy will automatically fall off your credit report.
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How Does Bankruptcy Affect My Credit Score
The impact of bankruptcy on a credit report can be devastating and entirely depends on your credit score prior to filing.
According to FICOs published Damage Points guidelines, the effects range from 130 to a 240 point drop. For example:
- A person with a 680 credit score would drop between 130 and 150 points.
- A person with a 780 credit score would drop between 220 and 240 points.
So, if your credit score was high, a bankruptcy would drop it instantly to the poor category. Starting with a good score, you likewise end up with a poor score, but your score does not plummet nearly as far.
The end result is still negative your and it will keep you from getting approved for new credit. The lower your initial score, the less drastic the impact.
Do Bankruptcies Clear Evictions From Credit Records
A bankruptcy discharge won’t erase past negative credit information, including evictions. The landlord has the right to report payment problems and an eviction status to credit bureaus. The negative information will stay on a credit report for as long as seven years after the event. An eviction lawsuit can also be picked up and reported as a public record by the credit bureaus.
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Dispute Inaccurate Bankruptcy Entries With A Credit Dispute Letter
If you were able to find some inaccurate information within the credit report, then your next step will be to dispute the inaccurate entries with each of the credit bureaus using a .
The best-case scenario is that theyll be unable to verify the bankruptcy and remove it from your credit report. This is unlikely if its a recent bankruptcy. The older the bankruptcy, the better chances you have of getting it removed from your credit report this way. Nonetheless, if it happens, then great, you can skip the other steps.
If the bankruptcy is verified by the credit bureaus, continue to the next step.
Student Loan Default: Seven Years
Failure to pay back your student loan remains on your credit report for seven years plus 180 days from the date of the first missed payment for private student loans. Federal student loans are removed seven years from the date of default or the date the loan is transferred to the Department of Education.
Limit the damage: If you have federal student loans, take advantage of Department of Education options including loan rehabilitation, consolidation, or repayment. With private loans, contact the lender and request modification.
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