February 5th, 2007 by Questions
My husband went bankrupt in 1988, he was never discharged. How do we proceed to get a discharge for him?
One Response to “Discharge”
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February 06, 2007 at 8:42 am, A licensed trustee said:
The first thing you need to do is figure out why he wasn’t discharged. In most cases, (99 out of 100) it is because the individual (your husband) failed to complete all of the duties required of a bankrupt.
I suggest you try contacting his trustee to see if the trustee has any record of the bankruptcy (they aren’t required to keep records that go back that far so it’s likely that the trustee won’t be able to help you).
If that doesn’t work try contacting the nearest Office of the Superintendent of Bankruptcy and ask them to pull the paper file from archives. This might take a while depending on where the file has been stored.
Once you know what needs to be done, do it and then apply to the Court and request an Order of Discharge. Your husband’s original trustee may be willing to assist with this (for a fee) or they may suggest you hire a lawyer.
I am sory to sound preachy, but for the other people reading this blog please take note of this story: if you file for bankruptcy make sure you are committed to completing the procedure properly. This person wasn’t discharged and now has all of these extra things to do to try and clean things up years later.