5 Min Read | July 5, 2023

How Long Does Bankruptcy Stay on Your Credit Report?

How long a bankruptcy stays on a credit report varies, but most last years. Here are tips to manage credit before and after filing for bankruptcy.

At-A-Glance

When someone declares bankruptcy, their circumstances can determine how their debt is restructured or discharged and how it affects their credit score.

There are different types of personal bankruptcies that can show up on a credit report – chapter 7, chapter 13, and dismissed – and each has its own removal rules and timeline.

Even though bankruptcy lowers a person’s credit score, it can have positive impacts on their credit health over the long run.


For many people struggling with debt, bankruptcy is considered a last resort – but it doesn’t have to be the last stop in someone’s financial history. Over 1 million bankruptcies were filed or pending between June 30, 2021 and June 30, 2022,1 so bankruptcies are not as rare as they may seem.

 

Unfortunately, that doesn’t make recovering from them any easier. Bankruptcies stay on a person’s credit report for seven to 10 years, depending on the type of filing, potentially holding down their credit score all that time. But it’s important to remember that credit scores are based on a timeline of events, and individuals can take steps to rebuild their credit even before that bankruptcy gets erased. Knowing what to expect before filing can help people choose the right type of bankruptcy to file for, and to prepare for its impact.

Types of Bankruptcies and How They Work

The most common forms of personal bankruptcy found on a credit report are chapter 7, chapter 13, and dismissed bankruptcies. Each has its own rules and requirements.

 

  • Chapter 7 bankruptcy: Accounting for 63.1% of nonbusiness bankruptcies between June 30, 2021 and June 30, 2022,2 chapter 7 is the most common type of personal bankruptcy. Chapter 7 is an option primarily for individuals with monthly income below their state’s current median or those who can prove that they don’t have enough disposable income to pay their debts, passing what is commonly known as a “means test.” After filing chapter 7 bankruptcy, an individual is usually no longer be liable for large portions of their debt, which is considered “discharged.”3
  • Chapter 13 bankruptcy: During that same 2021-2022 period, chapter 13 filings made up 36.8% of nonbusiness bankruptcies.4 Chapter 13 can be used by individuals with regular income, who, as of April 2022, have unsecured debt below $465,275 or secured debt below $1,395,875.5 Instead of discharging debt, chapter 13 reorganizes it. After filing, debtors are given a three- to five-year repayment plan for at least some of their debt. Chapter 13 lets debtors avoid liquidation of specific assets that aren’t always protected during chapter 7, such as their homes.6
  • Dismissed bankruptcy: When a chapter 7 or 13 bankruptcy case is dismissed, whether due to a violation of the bankruptcy agreement’s terms, fraud, or a request by the bankruptcy filer, the filer is once again liable for their original debt. The debt is restored and collections resume. Even though the bankruptcy is no longer active, it still appears on the filer’s credit report and can have the same impact on their credit score as a “regular” bankruptcy. That’s one reason why it’s important to meet the terms of a bankruptcy. Otherwise, debtors can be stuck with the credit impact of a bankruptcy and their original debt, plus possible interest and penalties.

It’s important to note that dismissal is very different from discharge. In a discharge, the bankruptcy plan has been completed and creditors cannot pursue further collection. But not all debt can be discharged in a bankruptcy – for example, some student loans, tax debts, and child support usually remain intact – so it’s best to speak with a legal or debt counselor regarding your specific situation before pursuing bankruptcy.

 

Note that chapter 11 bankruptcy is also a possibility, but it’s far more common among businesses. During that same 2021-2022 period, chapter 11 filings made up only 0.1% of all nonbusiness bankruptcies, compared to 31% of all business bankruptcies.7

How Bankruptcy Affects Your Credit Score

Because FICO credit scores are based on a variety of factors, not everyone is impacted by a bankruptcy in the same way. A person’s credit score before the filing, typically between 300 and 850, will often influence how much it drops. Generally, an average credit score of 680 sees a drop of around 140 points after bankruptcy, and a high credit score, like 780 or above, is likely to drop up to 220 points.8

 

However, if someone with a credit score below 600 files for bankruptcy, they may actually see an increase, albeit a small one. After debts are discharged, delinquent accounts and a high debt-to-credit ratio are often wiped away from the filer’s credit report. Obtaining new loans and credit lines can still be difficult for borrowers with credit scores in this “poor” range, but, for many, the “last resort” of bankruptcy becomes a positive first step on the road to building good credit. They can reach new credit score highs well before the bankruptcy disappears from their credit report.

Removing a Bankruptcy from Your Credit Report

Unfortunately, there’s not much a person can do to remove a properly reported bankruptcy on their credit report except wait. Chapter 13 bankruptcies typically remain on the debtor’s credit report for seven years, while chapter 7 and dismissed bankruptcies stay for up to 10 years.9 Fortunately, good credit behavior, like on-time payments and low credit utilization, can start improving a person’s credit score sooner.

 

If there are any errors, including bankruptcy data, on your credit report, you can dispute the incorrect information and have it corrected. According to a 2021 Consumer Reports survey of 5,858 people, 34% of individuals found at least one error on their credit report.10 You can report errors to all three major credit bureaus – Equifax, Experian, and Transunion – online, over the phone, or by mail. You generally need evidence of the error, the correct information, and proof of your identity.


The Takeaway

Knowing what impact a bankruptcy filing has on a person’s credit score can help them decide whether it’s the right step in their situation. Choosing the right type of bankruptcy, often with the aid of a legal or debt counselor, can help eliminate debt and give individuals a fresh start. Bankruptcy filings appear on credit reports for seven to 10 years, but even with those long timelines proper credit management can help raise a person’s credit score to higher levels – potentially sooner than you might think.


Ryan Lynch

Ryan Lynch is a freelance writer, educator, and musician whose work concentrates on finance, STEM, and the arts.

 

All Credit Intel content is written by freelance authors and commissioned and paid for by American Express. 

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