bankruptcy discharge
My husband and I had both filed bankruptcy. As of early last April 2006 we had paid in full any surplus income. now 9 months later we still have not received a discharge on our bankruptcy and are wondering how long it usually takes and what we can do about it? we are becoming very frustrated as we are trying to rebuild credit and are unable to. Our phone calls to the bankruptcy court continue to go unanswered.
The answer depends on the type of Discharge you were given. I suggest you call the trustee that assisted you with your bankruptcy to discuss this matter.
You need to get in touch with your trustee to discuss these things. Chance are there would be no benefit to you to employing a solicitor as where there are meager means the court often weighs this heavily into their decision. However contact your trustee and he will be able to give you a much better idea of where things sit and what you can expect.
If you performed all of your required duties during the first 9 months of your bankruptcy and this was your first bankruptcy you should have been eligible to receive an Automatic Discharge – no Court appearance is necessary.
Based on your situation as you described it, there must have been some duty that you failed to perform (or you have been bankrupt at least once previously). If this is true, then you have to wait for a hearing in Court in order to be discharged.
The law requires your trustee to apply for such a hearing within 12 months of your filing for bankruptcy.
I suggest you try and book an appointment to see you trustee in person to discuss your situation. If you’re still not getting anywhere you may contact the Office of the Superintendent of Bankruptcy – you may search the net for the nearest office to you.