November 22nd, 2007 by Questions
I filled bankruptcy in 2004, but never completed it with the trustee i was dealing with. Now I want to start over and complete it do I have to return to the same trustee, or can I re-file with a new one? The origenal trustee want me to pay a $1000 penalty before they will reanstate me in to bankruptcy. what can, or should I do???? Thank-you.
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November 22, 2007 at 10:26 am, A licensed trustee said:
Just so you know – we have the same policy. If a file has been closed due to “non-compliance” we require a $1,000 payment upfront before we will re-open a file.
Unfortunately, until you complete your first bankruptcy, you cannot file another. You have the right to apply to the Court and request your discharge by yourself (or with a lawyer), but the Court will request a report from your original trustee detailing the reasons why you were not discharged in the first place. The Court will then order you to perform those duties and once your original trustee confimrs you’ve done everything that you are supposed to, the Court will decide whether or not to grant you a discharge.
This may all sound terribly harsh, but you need to keep in mind that you voluntarily filed for bankruptcy and were told what you had to do in order for your debts to be discharged. For whatever reason, you chose not to do what was required and therefore the Court will not be very sympathetic…