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Bankrutpcy News » Bankruptcy Process

Bankruptcy can affect credit rating for many years after case is filed

By Eric Sanderson
September 28th, 2011

The effects of bankruptcy don't end when the U.S. Bankruptcy Court has made a ruling on an individual or company's bankruptcy case.

The effects of bankruptcy don't end when the U.S. Bankruptcy Court has made a ruling on an individual or company's bankruptcy case.

For many years later, the bankruptcy decision will remain on their credit report in the same way that property foreclosures or non-payments on deep financial debt continues to be recorded in a credit history.

Bankruptcy information will stay on a credit report for up to 10 years. "Bankruptcy is a legal way to discharge your debts, but filing bankruptcy will have the most negative effect on your credit score," according to personal finance expert Lynnette Khalfani-Cox, who writes "The Money Coach" column online and is the author of Zero Debt: The Ultimate Guide to Financial Freedom. "It's always in your best interest to make sure that information about the filing is reported to the credit bureaus correctly."

Khalfani-Cox writes in AskTheMoneyCoach.com that it is the "disposition" status of a bankruptcy - or the final outcome taken by the courts on a debtor's case - that will negatively impact one's credit rating. "In a lender's eyes, you are a 'high risk' candidate and many lenders will simply deny you for a loan [or new credit card] because of your credit history," she writes.

One point that Khalfani-Cox believes that people frequently misunderstand is the difference between a statute of limitations on debt and how long they can expect their credit report to be affected by a bankruptcy. The legal limitations of debt have nothing to do with how long a bankruptcy remains on a person's credit report.

Foreclosure on property has a similar impact on credit ratings and will remain on a credit report for as much as seven years from the date of filing. Both lenders and underwriters of a mortgage will view an application for a new mortgage as risky and may not agree to approve a loan.

However, approval for new credit cards or car loans can occur within a couple of years after a bankruptcy or foreclosure, although at higher interest rates and fees.

"While a bankruptcy will remain on your credit record for up to 10 years, you can still bounce back and reestablish a good credit rating," according to Parade magazine. "In a best-case scenario, after having your debts discharged by a court, you could qualify for a car loan with good rates in a year and a mortgage in two to four years."
 



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