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What if one of the people have been bankrupt before?

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

One Response to “What if one of the people have been bankrupt before?”

  1. Barton Goth, GCO, Bankruptcy Trustees says:

    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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