Expert: Mark J. Markus- California Bankruptcy Attorney - 9/3/2008

Question
QUESTION: How can I get credit reporting agencies to honor my bankruptcy of August 2000 that was over in August 2007. They are violating the law according to a local representative of the credit reporting agencies, by lumping me into the new law effective October of 2005.
I need to find something in writing stating that I do not fall under the newer law.How can I find this?
Thank you,
Diane

ANSWER: I don't really understand your question.  How are they "lumping" you into the new law?  How is it that they are not "honoring" your August 2000 bankruptcy?

---------- FOLLOW-UP ----------

QUESTION: I was told at the time of my bankruptcy that in 7 years it would be over and off my record. I took my report to a Tucson credit reporting agency that works with all three agencies. When my representative saw the report and the accompanying original bankruptcy record, she said that it should not be showing up any more. She called two local attorneys to be sure, and they confirmed this to be true. She sent a rebuttal along with a copy of my bankruptcy record to Equifax in this case, and mentioned that this was against the law. When I received the following review from Equifax, it showed a clear record with the exception of the bankruptcy and showed that it would not be off the records until 10 years have gone by.
My representative told me that they have thousands upon thousands of reports to process and that instead of checking on things, they just give me the now standard answer and thereby lumping me in with those who have declared bankruptcy since the new law went into effect in Oct. of 2005.
Hope this explains things better.

Answer
OK, now I understand.  This is not a bankruptcy law issue.  President Clinton signed into law (I forget exactly when, but it doesn't matter) a bill dealing with credit reporting that extended the time they can report a bankruptcy on your credit report to up to 10 years from the date the case is filed.  This has absolutely nothing to do with the 2005 revisions to the bankruptcy code.