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Student Loans (Chapter 7)

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Anonymous
Not applicable

Student Loans (Chapter 7)

So I've decided to file chapter 7.
Everything minus child support (current) and student loans can be wiped out.
What I'm wondering is what happens to the previous payment history of my student loans (3 missed payments) once the BK is discharge?
Message 1 of 4
3 REPLIES 3
dragontears
Senior Contributor

Re: Student Loans (Chapter 7)

From what I understand, the payment history before filing will remain the same. Any late payments before you filed will be there after discharge
Message 2 of 4
pizza1
Community Leader
Super Contributor

Re: Student Loans (Chapter 7)


@dragontears wrote:
From what I understand, the payment history before filing will remain the same. Any late payments before you filed will be there after discharge

That is correct. Any negative status (lates, CO, etc) that happened before you filed, are reporting correctly and will stay, and will also follow the DOFD 7 yr rule for when they either turn positive again, or fall off from your reports. 

 

Ill give you an example of both (turn positive or fall off) from my personal experience.

 

1).  I had an old Citbank Shell gas card that wasnt closed until 2011, it was closed with a $0 balance. During that time I had the card, I had one late from 2009. So, I had a closed account with a late showing. That acct follows the rule of DOFD. That late "fell off", or once it hit the DOFD 7 yr rule in 2016,  in turn making the account now a positive reporting one. That account, now a positive one stays for 10 yrs, and will fall off my reports in 2021, (10 yrs from when acct was closed). 

 

2).  I had several IIB (included in BK) accts reporting after my DC (discharge). Several had gone to CO status a year before I even filed for BK. So those accts became dilenquent in 3/2012 (last month of activity/payment).  According to DOFD, those accts will fall off my reports on 4/2019, and is stated as such currently on my reports as well. They will go away all together because they are a negative acct currently depite them being IIB. 

 

Creditors that were IIB can NOT report anything after your file date period. It stops right there on your file date month.  New creditors you obtain after your file date/dc date are all on you though. So if you grab a CC after your DC, and have a late within the first few months......1), thats really BAD, and creditors see lates after a BK as really  really bad, and 2) that late will stay on your reports for 7 yrs, and will tank your scores even further (post Bk scores arennt that good anyways to begin with). 

 

You can always GW those lates and see if they will remove them.  But if not, then those lates will follow the DOFD, and fall off after 7 yrs turning the acct postitive again. 

Message 3 of 4
Shooting-For-800
Senior Contributor

Re: Student Loans (Chapter 7)

Does not matter.  

Your BK is 10x worse.

Your file date is your new start over date.

You will build new credit from that date.

No matter how great or not your credit was before BK, your BK is the most impactful.

Within a few years, you will be in a much better place than you have been in the last few years.

Rebuild started in 2014  -  $100k unsecured credit in 2017  -  $500k unsecured credit in 2024.

DON'T WORK FOR CREDIT CARDS ... MAKE CREDIT CARDS WORK FOR YOU!



Message 4 of 4
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