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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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If someone files for BK (either 7 or 13) and then dismisses

Customer Question

If someone files for BK (either 7 or 13) and then dismisses the case and never goes to discharge, will there be any record of the BK in their credit?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

cfortunato :

Hi JACustomer,

cfortunato :

Once filed, a Bankruptcy stays on one's credit report for 10 years, whether or not the case is dismissed, and whether or not the debtor gets a discharge.

Customer :

I knew it may stay in records, but I was under the understanding that if dismissed, it will not count as such in the eyes of creditors. For example, banks will lend Conventional and FHA mortgage loans only after 3 years of discharge (and other criteria), but if there was a dismissal, it wouldn't count as if it happened. Please confirm or deny/explain.

cfortunato :

I am not familiar with mortgage lender criteria. Whether or not a mortgage lender will require a minimum amount of time after a Bankruptcy filing without a discharge is a question that belongs in the Real Estate Law or Finance sections.

Customer :

system is not letting me rate you

Expert:  cfortunato replied 3 years ago.
You should be able to provide a rating now.

Thank you!

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