Legal Question in Bankruptcy in Florida

discharge from bankruptcy

I filed chapter 13 Bankruptcy in 2002 , it was then modified to a chapter 7 in 2008 . In 2009 I was discharged from Bankruptcy. How long does the Bankruptcy remain on my credit following discharge ? I wish to purchase a car and rent an apartment but I think I still can not do this ?


Asked on 5/21/09, 12:19 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Re: discharge from bankruptcy

Bankruptcies stay on a person's credit report about 10 years. However, car dealers are so desperate these days that they might be willing to sell you a car -- although the interest rates might be higher. You might try for your own bank financing, though, which might be cheaper.

As for the apartment, you might offer an additional security deposit, to be returned -- say -- in about 1 year, if you make regular and timely rent payments.

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Answered on 5/21/09, 12:52 pm
David Gibbs The Gibbs Law Firm, APC

Re: discharge from bankruptcy

Attorney Cohen is correct, and it is 10 years from date of discharge. So, in 2019, this will come off. The items discharged in the bankruptcy (your unsecured debts) will show as discharged, and those items remain for only seven years.

As to the car loan, you might try a credit union. There are many now that don't require you to belong to a "special group" to belong. I believe there is one in San Diego County anyone who lives in that county can join, and they tend to be pretty good about helping people restore credit after bankruptcy.

On the apartment, you will have to go to some alternative sources. Most property management companies will not rent to you for 2-4 years (I used to own a PM company, and we had a strict rule of 3 years from discharge with credit having been restored). So, you move on to secondary sources for apartments - mostly owner-manager arrangements. You find these in Penny Saver, Craigslist, etc... just be careful because there are scams out there as well. Be honest, and tell them if they ask about the bankruptcy. If they don't ask, you don't have to disclose it. Most landlords who do their own renting don't have access to credit reports.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/22/09, 6:09 pm


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