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Regular Contributor
Posts: 137
Registered: ‎04-20-2007
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BK filing date or discharge date. Which counts.

Wondering if anyone knows the answer to this.  My BK was filed in May 2001. I went to BK court on July 10th 2001 and got the judgement, but the actual discharge paper is signed in Sept 2001.  Which date actually counts?  I have always thought it was the filing date if the BK is approved. Am I wrong? My TU credit report shows Date reported: 5/2001 and Status date: 9/2001. Experian shows Date filed: May 31, 2001 and Status date: 9/2001.  Equifax shows Date filed: May 01, 2001 and Status: Discharged CH-7.  Anyone have any insight?
Regular Contributor
Posts: 137
Registered: ‎04-20-2007
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Re: BK filing date or discharge date. Which counts.

[ Edited ]
I did some more digging and think I may have more information that may be usefull to someone else.  I was reading a guide for filing bankruptcy without a lawyer that explains the process a bit better than I understood it.  For a CH 7, apparently when I filed for the BK, (in my case) that kicked off a "Stay". During the stay, creditors cannot take action against the debtor such as lawsuits, attempts to collect or phone calls. There are exceptions, but they are for very specific issues.  If a discharge is granted, that overtakes the Stay, but the end result is the same.
 
Hope this helps someone else. I think it confirms in my mind that Homecomings Financial is wrong for listing multiple late comments on my CR's "after" my filing and discharge.  Now I just have to get them to remove them or wait another year or year and a half for them to drop off of their own.


Message Edited by KevKaos on 06-22-2007 10:01 AM
Senior Contributor
Posts: 4,831
Registered: ‎04-20-2007
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Re: BK filing date or discharge date. Which counts.

As far as when it goes bye bye on your credit reports it is the filing date to watch.
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