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What if one of the people have been bankrupt before?

 
 

Posted on Saturday, February 23, 2008

What are the discharge options if one (of a married couple) has been bankrupt before? Are they both discharged at the same time?

1 Comments:

  • At 8:08 AM, Blogger Barton Goth, GCO, Bankruptcy Trustees said…

    What takes place is that a previous bankrupt is not eligible for an automatic discharge.

    This doesn't mean you can't be discharged, it simply means that you have to go to court to request a discharge. At this court date I strongly recommend you are present as it is a sign of good faith to the court. The reason this is important is that the court will likely impose a penalty for having a previous bankruptcy.

    The other thing to be aware of is that there is a very significant impact on credit for a 2nd bankruptcy, an R9 for 14 years from the date you are discharged from your 2nd bankruptcy. As a result I often suggest you discuss a consumer propsoal with a local trustee as it can drastically reduce the impact on credit and still help you deal with your debts in a manageable fashion.  

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