Expert: Norma Duenas - California Bankruptcy Attorney - 12/6/2009

Question
who makes the determination about how long bankruptcy stays on you record? I am in the process of filing chapter 7 and what factors if any affect this determination

Answer
A Chapter 7 can stay on your credit report for 10 years from the date of filing. This is based on the Fair Credit Reporting Act that specifies that a bankruptcy filing  under title 11 or under the bankruptcy act may not remain on your credit for more than 10 years from the date of filing. The specific section reads as follows:

(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.

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