Non discharged personal bankruptcy
December 21st, 2007 by Questions
I received a conditional discharge for a first time personal bankruptcy, but I did not meet the conditions for an absolute discharge as of yet. The trustee has been discharged as 3 years has lapsed since my initial filing for bankruptcy.
My questions are:
1) can I still receive an absolute discharge if I fulfil the unsatisfied conditions,
2) if so are all the forgivable debts I listed with my bankruptcy forgiven,
3) can previous creditors still sue me now, and will those debts still be payable if I receive an absolute discharge.
I will be attempting to fufil my unsatisfied conditions from my bankruptcy and would really appreciate clarification on this.
One Response to “Non discharged personal bankruptcy”
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December 24, 2007 at 10:33 am, Barton Goth GCO Bankruptcy Trustees said:
Yes you can sitle be discharged, but it now will be more complicated than simply satisfying the conditions listed by court.
First you must contact your original trustee in an attempt to get them reappointed (you can also go to a lawyer but it is typically more expensive to do so). There will likely be a cost to have the trustee reappointed as this doean’t fall into the standard duties listed by the act.
Second, you will have to complete the conditions of the discharge and any other requirement by your trustee to make a court application to request a discharge.
Third, the court will likely put some sort of penalty in place due to your failure to complete your obligations in a timely fashion. Once these are all fulfilled the court will grant a discharge and be cleared from the debts in question.
As far as what teh creditors are able to do now, they can resume any normal collection activity as they are no longer subject to the stay of proceedings, so yes they can potentially sue you, garnishee wages, seize assets etc..