Previous Bankruptcy

Posted on Tuesday, June 17, 2008

Email Us
Contact: (email or phone)
Message:

One question, but it needs a preamble. I filed bankruptcy about 8 years ago, was discharged and now more than 7 years has gone back it has bee completely wiped off of my credit reports.

The problem is I now have more debt. So my question is if i declare again, will it be considered a second bankruptcy or because my credit is clean has it disappeared completely? If it is seen as a second, does this change anything?

Filed under: Bankruptcy
 posted by Questions @ 10:32 am
1 Expert Comment:

 At June 19, 2008 | 9:07 am , Barton Goth GCO Bankruptcy Trustees Said...

You are correct in that if you decided to file bankruptcy again it will be your second bankruptcy. Just because it has been wiped off your credit doesn’t mean it didn’t exist.

As for the differences between a first bankruptcy;
1. You are not eligible for an automatic discharge;
2. A court application needs to be made to request a discharge;
3. The court will likely grant a discharge but only after they impose a penalty for having filed a second bankruptcy.

These are the major differences, but for more detail you can contact me directly.

Please type your comment below:

You must be logged in to post a comment.