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Debt records don't just go away

Dr. Don TaylorDear Dr. Don,
My husband and I filed for bankruptcy in 1998. We recently checked our credit report from Equifax, Experian and TransUnion. We discovered that there are past creditors that listed our "past balances due" as charge off or seriously past due or assigned to collection agency accounts, even though those accounts were included in the bankruptcy.

We understand that the bankruptcy will stay in our record for seven to 10 years. Is it better to correct the mistakes on our credit report? If yes, how do we make these mistakes disappear? Since the bankruptcy, we have managed to re-establish credit, made all payments on time and put aside some money for a house down payment. What is our chance of purchasing a new home within the next two years?
-- Frustrated Frances

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Dear Frances,
Debts discharged in bankruptcy don't have to be repaid, but the credit history that got you to that point doesn't disappear just because you no longer owe the debt. Negative information about a credit account stays on your credit report for seven years from the date that it was first reported on your account. The clock starts with the initial reporting. So with a missed payment that turned into a delinquent account that was charged off and went to collections, it's the initial missed payment that starts the clock on the seven years that the negative information can remain on your credit report.

The bankruptcy will stay on your credit report for seven years if it's a Chapter 13 filing, ten years if it's a Chapter 7 filing. The time period starts from the date of the bankruptcy filing date. Accounts included in the bankruptcy remain on your credit report for seven years from the time that they were included in the bankruptcy.

Since it has been six to seven years since you filed for bankruptcy, some of this negative information should be dropping off your credit report. The credit bureaus should be doing this automatically. You could start by contacting them and discussing your situation without going through a formal dispute process. Bankrate provides the contact information for the credit bureaus. Filing a dispute shouldn't be necessary since it's just a matter of timing, but that avenue remains open to you as well. Bankrate's feature on the dispute resolution process offers more information.

With a strong payment history in the six to seven years since the bankruptcy, you shouldn't have a problem getting a mortgage, assuming you have the income to justify that mortgage. In fact, I hope you're not waiting around for your bankruptcy to drop off your credit report before applying for a mortgage. If you're in a financial position to do so, test the market now. Get a credit score to go with your cleaned up credit reports, just to see where you stand. You could face more risk from rising interest rates over the next two years than you do by going with your current credit situation. Good luck.

 
-- Posted: Jan. 5, 2005
     

 

 
 

 

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