Can You Get Bankruptcy Off Your Credit Report?

A credit report serves as a detailed summary of an individual’s financial history, used by lenders, insurers, and other entities to assess creditworthiness. It includes personal identification details, a history of credit accounts with their payment statuses, public records such as bankruptcies, and inquiries. Three major nationwide credit reporting agencies—Equifax, Experian, and TransUnion—compile these reports. This information influences an individual’s credit score, which can impact interest rates on loans, approval for credit cards, and even housing applications. Bankruptcy is a significant event that appears on a credit report, signaling past financial challenges. While its presence can affect future financial opportunities, understanding how it is reported and what actions can be taken regarding inaccuracies is important.

How Long Bankruptcy Appears on Your Credit Report

The Fair Credit Reporting Act (FCRA) determines how long bankruptcy remains on a credit report, outlining the maximum time negative information can be reported. The type of bankruptcy filed dictates its duration on an individual’s credit history.

A Chapter 7 bankruptcy, often referred to as liquidation bankruptcy, typically stays on a credit report for up to 10 years from the date it was filed. In contrast, a Chapter 13 bankruptcy, which involves a reorganization and repayment plan, generally remains on a credit report for up to 7 years from the filing date.

A legally filed and accurately reported bankruptcy cannot be removed from a credit report before these periods expire. The information is automatically removed once the statutory period ends. While the presence of bankruptcy can initially lower credit scores, its impact lessens over time, even before it is removed.

Identifying Inaccuracies Related to Bankruptcy

While a valid bankruptcy filing cannot be prematurely removed from a credit report, errors or inaccuracies in its reporting can be disputed. Obtain copies of your credit reports from all three major credit bureaus.

You are entitled to a free copy of your credit report from Experian, Equifax, and TransUnion once every 12 months through AnnualCreditReport.com. These agencies currently allow weekly access to free credit reports. Regularly reviewing all three reports is beneficial because some lenders may report to only one or two bureaus, leading to variations in the information across reports.

When reviewing your reports, look for specific inaccuracies related to your bankruptcy:
Incorrect bankruptcy filing or discharge dates, or the reporting of the wrong chapter of bankruptcy (e.g., Chapter 7 instead of Chapter 13).
Accounts that were included in your bankruptcy showing an outstanding balance, a delinquent status, or marked as “charged-off” after the discharge date, rather than being clearly marked as “discharged in bankruptcy” or “included in bankruptcy” with a zero balance.
Accounts opened after your bankruptcy being incorrectly linked to the filing, or duplicate entries for the same account appearing multiple times, which can inflate perceived debt.
Inaccurate personal information, such as your name or address.
Hard credit inquiries from creditors included in your bankruptcy repeatedly appearing after discharge.
Accounts you “reaffirmed,” meaning you agreed to continue paying, not accurately reporting positive payments.

To support any disputes, gather all relevant documentation. This includes official bankruptcy court documents, such as your discharge papers and schedules of creditors. You should also collect accurate account statements or other records that demonstrate the correct status or balance of accounts post-bankruptcy.

Steps to Dispute Inaccurate Bankruptcy Information

Once you have identified inaccuracies on your credit reports and gathered all necessary supporting documentation, formally dispute this information with the credit bureaus. This process is governed by the Fair Credit Reporting Act (FCRA), which provides a framework for consumers to correct errors. You can initiate a dispute directly with each of the three major credit bureaus—Experian, Equifax, and TransUnion—through their online portals, by mail, or by phone.

Sending your dispute by certified mail with a return receipt requested is often recommended, as it provides documented proof that the credit bureau received your communication. When composing your dispute letter, include your complete name, current address, telephone number, and Social Security number. Clearly state each specific item you are disputing, providing the account number for each disputed item and a concise explanation of why the information is inaccurate.

Crucially, attach copies, not originals, of all supporting documents that validate your claim, such as bankruptcy discharge papers or corrected account statements. Request that the inaccurate information be corrected or removed from your report. Keep copies of everything you send for your records.

Under the FCRA, credit bureaus are generally required to investigate your dispute within 30 days of receiving it. This period can extend to 45 days if you provide additional relevant information during the investigation. During this time, the credit bureau will contact the company that furnished the disputed information to verify its accuracy. If the information is found to be inaccurate or cannot be verified, it must be corrected or removed from your credit report.

After the investigation is complete, the credit bureau will notify you of the results and provide an updated copy of your credit report if changes were made. If you are not satisfied with the outcome of the dispute, or if the credit bureau denies your request, you have further recourse. You can contact the original creditor directly to dispute the information with them, as they also have a responsibility to report accurate data. Additionally, you can file a complaint with the Consumer Financial Protection Bureau (CFPB), which oversees consumer financial products and services, or with your state’s Attorney General’s office.