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Bankruptcy Reporting
LAWDOG is intended to assist in the understanding of basic concepts. See Disclaimer. Always obtain legal advice from legal professionals.
Bankruptcy cases filed by the consumer may be reported for ten years from the date of entry of order of relief, or date of adjudication. The particular chapter filed (such as Chapter 7, 11, 12, 13) should be reported, if provided. If the case is withdrawn, that fact should be reported upon receipt of documents certifying such withdrawal. Portions of Section 605 of the Fair Credit Reporting Act, as amended, are reproduced below for illustration.
A Portion of Section
605.......
Requirements relating to information contained in consumer reports
(a) Information excluded from consumer reports. Except as authorized under subsection (b) of this section, no consumer reporting agency may make any consumer report containing any of the following items of information:
(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. .....
(d) Information required to be disclosed. Any consumer reporting agency that furnishes a consumer report that contains information regarding any case involving the consumer that arises under title 11, United States Code, shall include in the report an identification of the chapter of such title 11 under which such case arises if provided by the source of the information. If any case arising or filed under title 11, United States Code, is withdrawn by the consumer before a final judgment, the consumer reporting agency shall include in the report that such case or filing was withdrawn upon receipt of documentation certifying such withdrawal.
A copy of The Fair Credit Reporting Act, As Amended, and a copy of the FTC Official Staff Commentary to the Fair Credit Reporting Act are included under "Fair Credit Reporting Resources", available from LAWDOG Credit Reporting Center, or here. Use browser return button to return. Read Notices, Caution and Disclaimer. For more information, see "Obsolete Information" linked here. Link does not return to this page.
