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Why is my bankruptcy still showing up 16 years later? How to remove?

San Francisco, CA |
Filed under: Bankruptcy

Established millions in credit without problem but now it's a surprise issue with a prospective partner doing their due diligence. I have resolved their concerns but would like to not face the embarrassment again. Any options?

Attorney Answers 4


You did not tell us where it is "showing up?" If on your credit report, it is easy to dispute. Otherwise, it is a public record forever. There are no options for that.

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In general credit bureaus carry this information for 10 years.
However, with the internet, it is possible to look up information directly from the court files.
PACER is a national service to look up all federal cases.
Subscribers can look up federal cases involving any person in a matter of seconds.
Many states are either online or getting there.

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Generally, credit reporting agencies include "recent" credit history and most of the time BK's drop off after about 10 years. However, as pointed out by other attorneys, BK is a public event and access to its existence can occur in other ways. You should contact the credit bureau and ask their policy on old negative items to see if they will voluntarily withdraw reporting it. Good luck.

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A consumer bankruptcy can remain on your basic credit report for 10 years. Most of the credit bureaus will remove a Chapter 13 proceeding after 7. Your case was long enough ago that it should not be reported by the bureau any longer, unless... you are applying for credit or life insurance of more than $150,000, or for a job of greater than... wait for it... $75,000 per year.

There are also some jobs that require a security clearance that will be allowed a report that shows a bankruptcy proceeding beyond the ten year period of time of a general credit report.

Challenge the reporting of the bankruptcy at this time through the formal credit report dispute with the individual credit bureau and they will likely remove the bankruptcy from your record.

If you are not asking about a credit reporting, but rather the bankruptcy information to be removed from public records, that is just not going to happen. Public records and filings are forever baby! Good Luck in your future business ventures. I hope this information helps.

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