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How long is the bk process and what all comes off of my credit

Banning, CA |

Car, loans, medical bills etc...?

Attorney Answers 5

  1. From the date of filing, about 3 months. All debt you named is wiped out UNLESS you reaffirm your car loan.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

  2. For a chapter 7 from the date of filing to the date of your discharge is about 90 days unless you have assets that the trustee is trying to get their hands on then it can go on for much longer. if you are in a chapter 13 it can be from 3 to 5 years depending on your plan.

    All unsecured loans ( credit card medical bills etc. will be discharged. If you are keeping the car you will have to pay for it. if you surrender it (give it up) then your responsibility for the car laon will be extinguished. It is best to discuss your case with a bankruptcy to get an indepth analysis of your situation prior to filing your case.

    Remember that on this forum attorneys try to answer your questions with limited facts available to them. My answer should in no way be considered legal advice. No attorney client relationship has been formed by any answer given here.

  3. I agree with the previous attorneys, it will stay on your credit record for a minimum of 7 years, sometimes the credit companies forget to take it off, so you should check seven years after the discharge date and write them!

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

  4. From Filing to discarge takes about 6 months. Everything is discarged unless you reaffirm it.

  5. I agree the process should take about 90 days from the date of filing to discharge. As far as what "comes off" your credit report, nothing actually comes off. All of your credit entries will remain, but the status description for everything that was discharged will be changed to read "discharged in bankruptcy". The negative payment entries, late records, etc. will all be removed however. If within a couple months after receiving your discharge there are still negative entries, instead of just stating the debt was discharged in a bankruptcy, then you can dispute the entry with the credit bureaus on the grounds that the debt was discharged. Once they confirm you received a discharge and that the debt in question was in existence at the time you filed your BK, then they will change the entry to show the discharge. The fact of filing bankruptcy will stay on your credit report for 10 years.

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