Expert: Terry Leeders - 7/21/2007

Question
I filed for Chapter 7 bankrupcy on 3/04/2004 and it was discharged on 6/16/2004. Previous to my discharge one of my credit card companies was granted a judgement against me on 1/29/2004. The judgment is included in my bankrupcy under "Statement of Financial Affairs" but the debt was discharged on Schedule F Unsecured claims versus on the Schedule D Creditors Holding Secured Claims. My question is two-fold can I get this debt taken off public record based on it being discharged and should my attorney have filed this differently?

Answer
It really wouldn't matter if it was on schedule D or F, as long as it was listed.  I assume you are looking at your credit report.  The fact that you got the judgment will remain as a factual event, however, they should zero it out or otherwise mark that it was under bankruptcy.  The creditor can never collect on this.   The fact that you had the judgment may remain on your credit for up to 7 years, similar to foreclosure, and bankruptcy will show for up to 10 years on your credit report.