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do i have to self-report bankruptcy?

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mybiglad77

New member
MA

Ch 11 back in 2013.

It's no longer on the credit report.

But I need to start looking at mortgages and other credit.

Do i need to self report the bankruptcy if it's no longer on the report?
 


Zigner

Senior Member, Non-Attorney
MA

Ch 11 back in 2013.

It's no longer on the credit report.

But I need to start looking at mortgages and other credit.

Do i need to self report the bankruptcy if it's no longer on the report?
I suppose it depends on if they ask...
 

Taxing Matters

Overtaxed Member
MA

Ch 11 back in 2013.

It's no longer on the credit report.

But I need to start looking at mortgages and other credit.

Do i need to self report the bankruptcy if it's no longer on the report?
A chapter 11 bankruptcy is unusual for an individual. It is generally a reorganization of a business, which can be a sole proprietorship but that's not very common. Did you file Chapter 11 as an individual? Or was the Chapter 11 for a corporation or LLC that you owned?

Also, what do you mean by self report? Creditors will ask various questions on the credit applications and you of course need to provide truthful answers to those, and they ask for additional information after you submit the application, and you need to provide truthful responses. But you'd not have to volunteer the information about the bankruptcy to the creditor.
 

mybiglad77

New member
A chapter 11 bankruptcy is unusual for an individual. It is generally a reorganization of a business, which can be a sole proprietorship but that's not very common. Did you file Chapter 11 as an individual? Or was the Chapter 11 for a corporation or LLC that you owned?

Also, what do you mean by self report? Creditors will ask various questions on the credit applications and you of course need to provide truthful answers to those, and they ask for additional information after you submit the application, and you need to provide truthful responses. But you'd not have to volunteer the information about the bankruptcy to the creditor.
What else could it have been? 13? I'm an individual, all my debt was consolidated and i paid a trustee

What I mean is if a creditor asks - have you ever had a bankruptcy, do i need to answer yes if it's not on my report?
 

Zigner

Senior Member, Non-Attorney
What I mean is if a creditor asks - have you ever had a bankruptcy, do i need to answer yes if it's not on my report?
As you were told above, you have to provide truthful responses. Whether it's on your credit report or not has no bearing on the fact that it occurred.
 

adjusterjack

Senior Member
If the question is:

have you ever had a bankruptcy,
The answer has to be yes.

Even if it's not on your credit report, a general background check will pick it from court records.

If the question is "have you had a bankruptcy in the past ( ) years" and you haven't had one during that period of time, the answer is no.
 

zddoodah

Active Member
Do i need to self report the bankruptcy if it's no longer on the report?
If you're asking whether you'll be required to disclose it to a potential mortgage lender or other person/entity from whom you seek an extension of credit, that that will depend on exactly what questions you are asked and is not a matter of law.

However, if "a creditor asks - have you ever had a bankruptcy," of course you should answer yes because anything else would be a lie and could result in you facing criminal mortgage fraud charges. That it's no longer on your credit report has nothing to do with it.

What else could it have been? 13? I'm an individual, all my debt was consolidated and i paid a trustee
A Chapter 13 case is a personal reorganization. It's somewhat similar to a Ch. 11, which, as "Taxing Matters" noted, is typically used only by business entities seeking to reorganize. It would behoove you to know what Chapter your case was filed under.
 
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Taxing Matters

Overtaxed Member
What I mean is if a creditor asks - have you ever had a bankruptcy, do i need to answer yes if it's not on my report?
The answer to that is yes. Federal law limits how long bankruptcy records may stay on your credit report but does not limit how far back a potential lender can ask for, or take into account, your bankruptcy in making a lending decision. Most creditors give fairly little weight to old bankruptcies and instead put much more emphasis on your more recent credit activity. So disclosing it likely wouldn't have that much effect on the vast majority of the applications you make. Regardless, if they ask about bankruptcy, you can't answer "no" now that it's off your credit report. Doing that may amount to fraud. Note that while they can't find out about it from a credit report, there are other ways to find it, notably by doing searches of bankruptcy court records.
 

Taxing Matters

Overtaxed Member
What else could it have been? 13? I'm an individual, all my debt was consolidated and i paid a trustee
It could have been a Chapter 7 or a Chapter 13. There are several choices of bankruptcy that can apply to individuals, after all. It's just rather unusual for an individual to do Chapter 11, which is what prompted my question. The reason for my question is that if was a corporation or LLC that actually did the bankruptcy rather that you personally, that would affect how you'd answer the bankruptcy questions by the creditors.
 

mybiglad77

New member
It could have been a Chapter 7 or a Chapter 13. There are several choices of bankruptcy that can apply to individuals, after all. It's just rather unusual for an individual to do Chapter 11, which is what prompted my question. The reason for my question is that if was a corporation or LLC that actually did the bankruptcy rather that you personally, that would affect how you'd answer the bankruptcy questions by the creditors.
turns out it was a ch 13
 

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