Unfortunately, in almost every case the filing of Chapter 7 Bankruptcy or Chapter 13 Bankruptcy will have some adverse effect on your credit record.
Luckily, however, your credit record is not simply one particular entry, but rather a history of your credit over a period of several months or years. For example, if you are slow at paying your bills and are receiving collection notices from creditors, this will be reflected on your credit report. Likewise, if you have been sued or your wages garnished, these will be reflected on your credit report. In the past, the effect of a Chapter 13 on your credit is less significant than a Chapter 7, due to the reason that the person filing Chapter 13 is attempting to pay back all or some of his or her debts, and this has been reflected by the credit report.
However, credit reporting agencies now show any type of bankruptcy in the least favorable light, and keep the filing on a person’s credit record for ten years. In any event, you have the right under the Fair Debt Collection Practices Act to file with the credit reporting agency a statement on your own behalf explaining your financial difficulties and your reason for filing bankruptcy if you so desire.
Most importantly, please be aware that a bankruptcy filing will not “expunge” your credit record, and that adverse credit entries occurring before bankruptcy filing may continue to be shown on the credit report after filing.
Have more questions about filing bankruptcy? If you are considering bankruptcy, you can call our law office for a free initial consultation. You can contact my office at 785.273.1353 or complete the contact us form or visit my website for more information.