Does the Bankruptcy Court report information regarding my bankruptcy case to credit reporting agencies?
The Bankruptcy Court has no interaction with credit reporting agencies, including Equifax, TransUnion, and Experian. The Bankruptcy Court does not report information regarding bankruptcy cases to credit reporting agencies and does not verify the accuracy of information regarding bankruptcy cases held by credit reporting agencies.
How do credit reporting agencies access information regarding my bankruptcy case?
The Clerk of the Bankruptcy Court has a statutory obligation to maintain an accurate record of all filings received by the Bankruptcy Court. Once a case is filed with the Bankruptcy Court, that case becomes part of the Court’s permanent records. With few exceptions, filings in the Bankruptcy Court are public records. This means any person or organization can view them physically in the courthouse or through a computer system named Public Access to Court Electronic Records (PACER). See https://pacer.uscourts.gov
Credit reporting agencies regularly collect information from cases filed and report the information on their credit reporting services. The Bankruptcy Court has no control over what credit reporting agencies view on the PACER computer system and has no control over what credit reporting agencies do with the information they obtain through a public records search on the PACER computer system.
How long does a bankruptcy stay on my credit report?
The Fair Credit Reporting Act is the law that controls credit reporting agencies. The law states that credit reporting agencies may report a bankruptcy case on a person's credit report for up to ten years. See 15 U.S.C. Section 1681c
Because the Bankruptcy Court has no control over credit reporting agencies, you must contact the credit reporting agency directly to discuss information on your credit report. If you have questions about this process or have issues gaining cooperation from a credit reporting agency, you should contact the Federal Trade Commission at 1-877-382-4357.
How do I get a bankruptcy removed from my credit report?
The credit reporting agencies collect information regarding bankruptcy cases from the Bankruptcy Court’s public records. No matter the status of your case (open, closed, discharged, dismissed, etc.) the credit reporting agencies can still report your case on your credit report for up to ten years.
No one can legally remove accurate information from a credit report. You can ask the credit reporting agencies (Equifax, TransUnion or Experian, see contact information below) for a free investigation of information in your file that you dispute as inaccurate or incomplete.
Under the Fair Credit Reporting Act, both the credit reporting agency and the information provider (that is, the person, company, or organization that provides information about you to a credit bureau) are responsible for correcting inaccurate or incomplete information in your report. The credit reporting agency will verify the item in question with the creditor, who must respond within 30 days. After the investigation is complete, the credit reporting agency will notify you of the outcome. If information on your credit report has changed or been deleted, you will receive a copy of the revised report.
The three major credit reporting agencies are:
• Equifax Information Services LLC, 1-888-378-4329, www.equifax.com
• TransUnion LLC, 1-800-916-8800, www.transunion.com
• Experian, 1-800-397-3742, www.experian.com