Pages

Wednesday, July 15, 2015

While bankruptcy has many negative effects, it does offer people with devastated finances a fresh start.

Every year more than 1.5 million Americans file for bankruptcy for a variety of reasons. While bankruptcy has many negative effects, it does offer people with devastated finances a fresh start. While most bankruptcies remain on your credit reports for 7-10 years, there are several things you can do to start re-establishing your credit after filing. 

The first step in managing your credit is to clear your credit reports of errors. Check that your credit reports from Trans Union, Equifax, and Experian have accurately recorded your pre-bankruptcy debts as "Included in BK." Under the Fair Credit Reporting Act, you have the right to dispute inaccuracies. 

After clearing out any errors in your credit reports it is best to keep a regular eye on your finances and use your credit conservatively.

 Keep your employment stable, be cautious with spending,

 and pay all your bills on time. You may want to apply for

a secured credit card that can be used in moderation and paid off

 each month. Secured credit cards use your savings account

 as collateral for the credit limit and are easier to be approved

 for than a standard credit card.

As early as 1-2 years after bankruptcy you may be able to receive a home loan. The Federal Housing Administration (FHA) and

Department of Veteran Affairs (VA) have specific guidelines

for accepting borrowers who have filed for bankruptcy. For

 example, the FHA will insure mortgages to individuals who

 have filed Chapter 7 liquidation bankruptcy two years after

the discharge if "the borrower has reestablished good credit

(or has chosen not to incur new credit obligations), and has

demonstrated an ability to manage financial affairs."

You may want to contact a U.S. Department of Housing and

Urban Development (HUD) approved housing counselor or local support program for advice and assistance with purchasing a

home. Unfair lenders can sometimes target people

recovering from bankruptcy so be sure to research you

r loan options, know your rights, and read the small print.

After 7 years, the accounts that were marked as "included in

BK" should be removed from your credit reports. The bankruptcy

record itself will be removed after 7-10 years depending on

the chapter that you filed. If your records are not removed by

the credit reporting agencies automatically, you can send a

letter of dispute to have the records taken off your report.

Disclaimer: All information posted to this site was accurate at the time of its initial publication. Efforts have been made to keep the content up to date and accurate. However, Credit Karma does not make any guarantees about the accuracy or completeness of the information provided. For complete details of any products mentioned, visit bank or issuer website. Editorial Note: The editorial content on this site is
not provided by the bank or issuer. Opinions expressed here
are author's alone, not those of the bank or issuer, and have
not been reviewed, approved or otherwise endorsed by the
bank or issuer. Credit Karma may be compensated by
companies mentioned through advertising, affiliate programs
 or otherwise. It is this compensation that enables Credit
Karma to provide its members with services like free access
to your credit scores and free monitoring of credit and
financial accounts at no charge.
What Affects Your Credit Score?
Wondering when judgments and bankruptcies will no longer appear on your credit reports? Check the dates on records in your credit report. Generally, here's how long judgments and bankruptcies remain on a credit report:
BANKRUPTCY
Generally, Chapter 7, 11 and 13 bankruptcies appear as public record items on your credit report for up to 10 years after filing. Chapter 13 bankruptcy records are sometimes taken off sooner, 7 years after filing, depending on the credit reporting company’s policy. When you receive an Order of Discharge in bankruptcy, your creditors should mark those accounts that were discharged as "Included in Bankruptcy" and they will stay on your report for up to 7 years.
Generally, if a delinquent account is charged-off, the charge-off record appears on your credit report for up to 7 years.
CLOSED ACCOUNTS
Generally, negative or derogatory information about delinquent accounts remain on your credit reports for up to 7 years. Positive closed accounts (without late payments or other delinquencies) may appear for longer than 7 years.
Generally, accounts sent to collections will be listed on your credit report for up to 7 years, beginning 181 days from the most recent delinquent period before the collection activity. A collection account’s status should change to "paid collection" once you've paid off the entire amount. If you settle with the collection agency for less, your credit report may list the account as "settled for less than full balance."
INQUIRIES
When a creditor or lender checks your credit in connection with an application, you'll usually see a "hard inquiry" on your credit report. Generally, these stay on your report for as long as two years, and may lower your credit score slightly. When a creditor reviews the credit report of an existing customer, or when you access your own data online, a "soft inquiry" typically shows up on your credit report. Soft inquiries don't lower your credit score or appear to businesses checking your credit.
JUDGMENTS
GENERALLY, MOST COURT JUDGMENTS, INCLUDING SMALL CLAIMS, CIVIL AND CHILD SUPPORT, STAY ON YOUR CREDIT REPORTS FOR UP TO 7 YEARS FROM THE DATE THEY WERE FILED.
LATE PAYMENTS
Generally, if you make a payment late, the delinquency could appear on your credit report for up to 7 years.
Under federal law, city, county, state and federal tax liens could stay on your report indefinitely. Generally, after the lien is paid, the record of it stays on your credit reports for up to 7 years from the payment date. Now that you know what affects your credit score, get your Credit Report & Score.
The Federal Fair Credit Reporting Act states that negative items will stay on your credit report for seven years from the first date of delinquency resulting in the charge-off. Typically, a debt is charged off once it is delinquent for 120 to 180 days. The charge-off will remain on your credit report for seven years. The Fair Credit Reporting Act states that negative items will stay on your credit report for seven years from the first date of delinquency resulting in the charge-off. Typically, a debt is charged off once it is delinquent for 120 to 180 days. The original time frame for a loan -- such as five years, in the case of a car loan -- has no bearing on the length of time the delinquency will be reported in your credit file.
One positive factor in your favor is that by paying off the debt, even though very late, potential lenders will be more willing to lend to you in the future than if you still had an unpaid account.
However, for purposes of credit reporting, the fact remains that you did allow the account to get to the point of being charged off. Your credit report is designed to show a history of how you have managed your credit accounts, so the account will show up as a black mark until the reporting period of seven years has expired. Just so you know, the negative account will have less impact on your credit and score over time and as you continue to pay other bills when they're due.
Dianne, the statute of limitations clock is completely different from the seven-year rule that credit reporting companies use. The statute of limitations determines whether a debt is collectible in a legal proceeding, such as a court suit or garnishment. The clock starts running from the date of the last payment made on the original account.
The statute of limitation laws are different in each state, so you will need to check how the law in your state applies to your debt. Regardless of how many different collection agencies have purchased your debt, your state law is the sole determinant of when this clock starts or stops. Under the laws in most states, the statute of limitations clock resets with any payment made on the account. Other actions can affect the clock in some states, so be sure you understand your state's law.
To sum up, credit reporting laws pertain to how long an accurate negative item can be reported on a person's credit report, and statute of limitation laws apply to how long a debt can be legally collected using the courts. In most states, a negative account can be reported on a credit report for longer than it can legally be collected in court.
The Fair Credit Reporting Act (FCRA) limits how long a credit reporting agency can report negative items in your credit report. Items that are not negative, but neutral or positive, can be reported indefinitely. (To learn more about credit reports, credit scores, and credit reporting agencies, see our Credit Reports & Credit Scores topic area.) 
How Long Negative Information Can Be Reported
Here are the rules on how long negative information may be included in your credit reports:
Bankruptcies may be reported for no more than ten years from the date you filed for bankruptcy. If your case was dismissed (so you did not get an order discharging your debts), the ten years starts from the date of the dismissal.
Lawsuits and judgments may be reported for up to seven years from the date a lawsuit was filed and seven years from the date a judgment was entered against you or until the governing statute of limitations has expired, whichever is longer. Most statutes of limitation are shorter than seven years, so seven years is the likely maximum time judgments or lawsuits will show up in your credit report. (You can find the statutes of limitations for most kinds of debts in Nolo’s Chart: Statutes of Limitations in All 50 States.) And because you eliminate any statute of limitations when you pay a judgment, paid judgments may be reported no more than seven years after the date of the judgment. 
Paid tax liens may be reported from the date of payment for up to seven years.
Most criminal records, such as information about indictments or arrests, may be reported for only seven years, or until the statute of limitations has expired, whichever is longer. But records of criminal convictions may be reported indefinitely.
Delinquent accounts may be reported for seven years after the date of the last scheduled payment before the account became delinquent. Even if you later pay off the delinquent amount, the trade line for that account in your credit report may show that you were previously delinquent. (For an explanation of how a trade line works, see Trade lines: Why Accounts  or Debts Can Appear Several Times on Credit Reports.)
For example, if your payments for March and July 2010 were each one month late, the report may continue to show (for seven years from the date after each payment was due) that you were 30 days late twice in 2010, even though the trade line for that account also shows your payments for the rest of 2010 were made on time.
Accounts charged off or sent to collection or any other similar action (such as a repossession) may be reported for up to seven years plus 180 days from the delinquency. (Learn more about what happens when your account is charged-off or placed in collection.)This applies to accounts sent to collection within the creditor company as well as those sent to a collection agency.
Creditors that report an account as charged off or placed for collection must tell the reporting agency the month and year your delin­quency began—which means the month during which the first payment you missed was due. The creditor must do this within 90 days of its reporting of the charge-off. The seven-year period begins 180 days after the delinquency (the first missed payment) that led to the collection activity or charge-off. The clock does not start ticking again if the account is sold to another collection agency, you make a payment on it, or you file a dispute with the credit reporting agency.
For example, say you made your payment on time in December 2010, but missed your January 2012 payment and did not make any more payments after that. The creditor charged off your account nine months later, in September 2012, and reported that to a credit reporting agency. Your delinquency began in January 2012. So the credit reporting agency can report the charge-off for seven years, plus 180 days, until about July 2019.

No comments:

Post a Comment