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bankruptcy2A bankruptcy is reported on your credit report as a public record, and there is no doubt that your scores will drop anywhere from 100-300 points when it first hits, depending on how many points you still have to lose in your payment history factor. Keep in mind, by the time you have filed bankruptcy your scores have already taken a serious hit from the delinquent accounts. That's the bad news. The good news is that you can start rebuilding immediately.

How Long Will A Bankruptcy Remain On Your Credit Report?

Section 605 of the Fair Credit reporting Act states that bankruptcies can remain on a credit report for up to 10 years. Here's the language:

605. Requirements relating to information contained in consumer reports [15 U.S.C. §1681c]

(1) Cases under title 11 [United States Code] or under the Bankruptcy Act that, from the date of entry of the order for relief or the date of adjudication, as the case may be, antedate the report by more than 10 years.

That legal language states that no bankruptcy can be reported for longer than 10 years; however, all three credit bureaus report as follows:  Chapter 7 bankruptcies for 10 years from the date of the filing, and Chapter 13 bankruptcies for 7 years, also from the date of filing.

That does not mean that you have to wait 7-10 years to seek removal. I've said it before-to my knowledge there is no language in the law that states items MUST be reported for a certain period of time, only that they CAN be. 

Steps For Recovering & Rebuilding Credit After Bankruptcy

FACT:  I have reviewed more than 15,000 credit-challenged cases and have NEVER seen a single bankruptcy reported accurately

Very often, individuals suffer an emotional surrender when they resort to bankruptcy. Frequently they just abandon concerns regarding their credit reports and scores, certain that they face a long and painful road back.

This, absolutely, does not have to be the case. You can embark on your path to recovery from bankruptcy immediately after filing. Doing so will help you emerge from bankruptcy stronger and faster. It will also give you a huge emotional boost because you will feel proactive as opposed to resigned.

TIP ONE: Pre-Bankruptcy. As soon as you have decided to file bankruptcy, pull your credit reports and scores. You should clean up any inaccurate or outdated derogatory information before the file goes to bankruptcy. Specifically, you want to validate all delinquency dates on the accounts you will be including-specifically collection accounts. If the 7-Year Reporting Period is around the corner or has already passed, you do not want to include that account in the bankruptcy filing. It will only obligate you to either pay it through a Chapter 13, or may extend the overall reporting period of that account on your credit reports. 

If you are proactive in cleaning up your credit reports prior to filing for bankruptcy, it will lessen the score penalty when the bankruptcy hits. I've seen many credit scores in the mid to high 600s within six months to a year after a bankruptcy has been filed and that is because the rest of the credit was strong. Start as far in advance as you possibly can. Don't make the mistake of assuming that the bankruptcy will take care of everything in the file; it won't.

TIP TWO:  Bankruptcy Re-List. Don't rely on your attorney to clean up the mess. It's not their job. The strongest tool you have to rebuild after a bankruptcy is through a bankruptcy re-list.

This is a very simple, mission-critical process. Once your bankruptcy has been filed, a bankruptcy re-list requires that you go line by line through your credit report to make sure that all items are reported as "included in bankruptcy," listed with a $0 balance. This is very important because it draws a line around the disaster. The credit scoring system has been programmed to understand that there is a containment plan in place and that the items listed in the bankruptcy have been dealt with.

The credit score penalty for a bankruptcy supersedes all other ratings on each account included.  So if the accounts included are not showing as included, you will be receiving multiple penalties where you should be receiving only one big penalty. 

Plus, if accounts are still showing as open, in collection with a balance, collection agencies will continue to try and collect; making your life miserable.

I have seen hundreds of instances in which a bankruptcy re-list has improved consumer credit scores by 50 or more points instantly. If you do not have the energy to conduct the re-list on your own, hire a professional credit repair company to act on your behalf.  But this is one step you cannot overlook.

TIP THREE: Get a Secured Credit Card. Do not fall prey to scams. There are many creditors out there who focus specifically on people who have just been through bankruptcy. They see them as easy targets because they know consumers automatically assume they will not be able to get any credit. Stick to a safe plan and apply for a secured credit card within 4-6 months. Then, apply for another secured card within 2-3 months after that. There are specific rules on how to manage credit cards that I cover in detail in my book, The Big Score - Getting It & Keeping It.

TIP FOUR:  Own It. It's very important that you take full ownership of your long-term credit situation. The court and the lawyers will get you through the bankruptcy, but that's all they will do for you. They will do nothing for your credit recovery, no matter what your lawyer tells you. You need to manage your credit perfectly to get the attention of the scoring system. And that means being vigilant and being consistent. Pull your credit reports every 4-6 months. Re-establish credit steadily, pay on time, keep balances low, and watch your credit for that 80% chance of error that has nothing to do with you. Use the knowledge you have gained from this book.

In Conclusion

The decision to file for bankruptcy is an extremely personal one. The decision requires weighing many conditions; both financial and personal. What I have tried to do in this article, and in my book, is to show you some reasonable strategies to recover should bankruptcy be your chosen debt relief option.

Click here to read about Linda Ferrari's new book, The Big Score - Getting It & Keeping It.  A must have for every professional.

If you liked this article, click here to read other great articles written by Linda Ferrari.

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26 Comments on How Does Bankruptcy Affect Credit?

MAY
16
2009
1 Featured Post

Thanks Linda.  I never knew the exact specifics and this was useful information.

2:39pm • #1
672,536 Points 69 Featured Posts Outside Blog Attended Rain Camp

Thanks, Linda. This is great information for the consumer--especially with so many distressed borrowers claiming that they plan to file bankruptcy in the near future.

3:00pm • #2

You are welcome.  I will be posting a lot of this type of information in the next several weeks including information about how short sales, foreclosure and loan mods affect credit.  Receiving good information and advice is critical for consumers right now.  Anything you can do help get this information out there would be appreciated.

4:32pm • #3
MAY
17
2009
550,991 Points 22 Featured Posts Outside Blog Called Shot Master

I like your choice of words 'emotional surrender' when describing a BK.  That's exactly what happens to people!  Good post, thanks.

5:08pm • #4
570,079 Points 100 Featured Posts Localism Sponsor Outside Blog Hit Router

You hit on a common mistake.  Many people fall victim to scammers after they get in financial trouble.

5:20pm • #5
110,639 Points 1 Featured Post Localism Sponsor

That is all very good information to have, as more and more people will find it necessary to at least confront this option as their financial situation worsens.  I will keep the book info to pass along if the situation arises.

6:02pm • #6
106,292 Points

Linda - Great common sense advice.  I'm off to check out more of your blog!

6:17pm • #7
102,639 Points

Hope it is true that if a person who has filed bankruptcy is doing all the right things, and working hard - putting money in the bank and credit score back up at about 650, it is possible to get a mortgage prior to the typical 2 year waiting period after filing a bankruptcy.  Any information about this?  Great post.

6:47pm • #8
Outside Blog

This was a great Blog Linda. I have several clients in chapter 11 bk.

6:52pm • #9
124,272 Points Called Shot Master

Another very important fact for post BK clients to keep in mind: late payments AFTER the BK discharge are the kiss of death. You MUST be on time with all of your payments for the next 24 months at the minimum in order to re-establish credit and be eligible for a mortgage again.

7:56pm • #10
483,457 Points 1 Featured Post Localism Sponsor Outside Blog

Evening Linda,  Wow, this is very well written.  Excellent advice to those really in need !  I would like to re-post this, with your permission, of course ?

8:24pm • #11
584,799 Points 69 Featured Posts Called Shot Master

Linda - Excellent post and congrats on the feature too.  This is also so important for the consumer to know especially about knowing where you stand before you file.  You should consider making this info available to the public and not just a members only post.

Another important thing people need to know about is how a short sale affects your credit too.  As you and I have discussed recently, a short sale can be just as devastating to one's credit as a foreclosure, which so many believe that it's not.

10:54pm • #13
MAY
18
2009
1 Featured Post

Linda,

I loved reading your tips when I was a Loan Tool Box member. It's so wonderful to see you on Active Rain!

 

Thank you for sharing this article!

Micki

12:43am • #14
124,387 Points

Great article.  I bookmarked it and printed it out for my sales folder.

2:54am • #15
218,115 Points 4 Featured Posts Localism Sponsor

I too enjoy the article and have bookmarked it.  Do you allow reblogging of your posts?

6:21am • #16
4 Featured Posts

Fantastic information. I've known a few people that have been through bankruptcy then went nuts when they were able to obtain credit again. Ended up filing for another bankruptcy as soon as they could.

I too, have printed this for future use. Question: Why "Members Only"? This is a great post for the consumer!

6:29am • #17
504,199 Points 39 Featured Posts Localism Sponsor Outside Blog Called Shot Master

Linda, After reading your Table of Contents, I'd like to read your book.  I should know more about the credit scoring system than I do.  In your Table of Contents you indicate that debt negotiation is the best solution and bankruptcy the worst, but if you do the debt negotiation, don't you owe the IRS for taxes on the forgiven amount, whereas in bankruptcy no taxes are owed on the amount discharged?

9:59am • #18

Excellent post, and I also found your 20-page PDF worthwhile on a fast first reading.  I will be printing it out, and seriously considering buying your book.  (Not all U.S. procedures translate to Canada, although the principles are very similar.)

10:19am • #19

Hello Everyone.  It is fantastic that you have all found my article of value.  I am still trying to figure out how to fully utilize Active Rain and will remember to click on the Allow Reblog option for my next article.  Yes, you can definitely reblog my posts!  The more people that I have supporting my message to consumers and professionals, the better for all of us!  Have a great day!

10:52am • #20
227,296 Points 4 Featured Posts

Thank you for the great information Linda.  And, Thanks for allowing the opportunity to reblog...I feel many people will benifit greatly from your information and expertise.  Looking forward to many more of your valuable posts ;-)

11:08am • #21

I agree with everybody- this is a very useful, informative post.  I have a question.  You mentioned about zeroing out balances in the relisting.  Are you refering just to a chapter 7?  You wouldn't zero out balances on a 13 would you? 

2:36pm • #22
MAY
19
2009
109,849 Points

Great info, I get that question probably twice a month right now...sadly

2:36pm • #23
449,977 Points 44 Featured Posts Outside Blog Hit Router Attended Rain Camp Called Shot Master

Thanks Linda.  Unfortunately I have two clients who have recently file, but this information may give them hope for their future.

4:20pm • #24
MAY
20
2009

If a husband files bankrupcy because of bad credit does the wife also have to file?  What if her credit is good?  I know of someone getting ready to file and wife does not know.

4:05pm • #25
MAY
25
2009
Attended Rain Camp

Thanks for the info!  That was very informative!

12:27pm • #26

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Linda Ferrari

Newport Beach, CA

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Credit Resource Corp.

Address: 1048 Irvine Avenue, #636, Newport Beach, CA, 92660

Office Phone: (866) 541-2500 x 201

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