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EXPERIAN EE- CROSSING MY FINGERS!

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RobertEG
Legendary Contributor

Re: EXPERIAN EE- CROSSING MY FINGERS!

Glad to see that the matter was resolved. 

 

As for the legal exclusion issues, FCRA 605(a) sets the required exclusion dates/periods of adverse items of information reported under an account, such as monthly delinquencies or a charge-off, that is irrespective of whether or not the debt has been discharged, either by payment of the debt or by BK discharge of the debt.

 

Thus, monthly delinquencies must be excluded no later than 7 years, and a CO must be excluded no later than 7 years plus 180 days from the DOFD.  

BK is a totally separate reporting, covered under FCRA 605(a)(1), and has its own separate exclusion date of either 7 years or 10 years, depending upon the type of BK.

 

A CRA could choose to treat accounts discharged under BK as not being subject to any grant of early exclusion for reported derogs, but that is not the same as extending the mandated exclusion date for derogs reported under the account beyond their 7 year or 7 year plus 180 day limits set forth under the FCRA due to the debt having been included under a BK.

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