The date is 10 years from the date of entry of the discharge (adjudication or order of relief) by the bankruptcy court -- not from the date of filing for bankruptcy protection.
Source: Title 15 U.S.C. §1681c
If your BK discharge was in 11/98, then the entry should be deleted in 12/98.
§ 605(b). 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.
The above text means that the bankruptcy discharge date can be no more than 10 years prior to the date of the current credit report. It doesn't prevent the credit reporting agency from posting a bankruptcy filing prior to the discharge order.
So, the only meaningful calculation is subtracting the date of discharge order from the current credit report date. If more than 10 years intervenes, then you have a case. Otherwise, you don't.
Note, that the maximum recovery under the Act is $1,000 -- the minimum is $100. And, that is for "willful" non-compliance. For negligent non-compliance, only actual damages may be recovered -- plus attorney's fees in both of the above cases.
Proving willful non-compliance, i.e., that the failure to remove the entry was "intentional," is not easy to prove. So, you may be stuck with actual damages -- which could be nothing at all. Your attorney won't be bothered in either case -- but you may be.
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