Default on Bankruptcy
My boyfriend claimed bankruptcy in 2006 and defaulted…now we are wanting to get a mortgage but unfortunately his bankruptcy is on his credit report. He needs discharge papers but did not follow through or make any arrangements with his creditors. What steps are needed for him to take in order to have this bankruptcy removed from his credit report?
Posted from: Ontario
We receive this type of question everyday – people that filed and then never completed their bankruptcy. The advice is always the same…
1) Contact the trustee firm that handled your bankruptcy and ask them what you need to do in order to be eligible for your discharge;
2) Do whatever you are told to do in step 1.
You have the right to apply directly to the Court for your discharge, BUT if you do you should expect the Court to ask for a report from your trustee setting out what you need to do in order to be discharged (see Step 1). The Court will either adjourn your case to allow you to complete those things or the Court may order your discharge conditionally upon you completing those things.
For the record, please don’t file for bankruptcy if you don’t intend to complete the procedure. Eventually you will want to complete the procedure and by then it will cost youn significanlty more and it will take significantly longer to sort out.