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What counts as first or second bankruptcy?

I understand from the answer for a former question that if I filed for bankruptcy and I am not discharged but my trustee is discharged, all my debts are reinstated and creditors can pursue me. Does it mean that I am not under bankruptcy protection anymore so I am not considered bankrupt? If this is the case, can I file for bankruptcy again and hopefully find a trustee who communicates and tells my what I need to do? If I have not accumulated more debt beyond the old ones, meaning I file for bankruptcy to eliminate the same debt I attempted at my first try, does it count as first bankruptcy or second bankruptcy?
I have no assets and I have no surplus income just as in the past. Regarding my financial status and providing records to the trustee in my second filing for the same debt, for what years do I have to provide bank information assuming I file again in April 2010? Thank you in advance for any clarification you can provide. I truly appreciate the insightful answers I find on this website.

Posted from: British Columbia

One Response to “What counts as first or second bankruptcy?”

A licensed trustee said...

Normally this type of question is not posted, but since it has been quite some time since we have responded to one like it, here we go…

If you have not been discharged from your first bankruptcy then you remain an undischarged bankrupt regardless of whether or not your trustee has closed the file. Further, you cannot file bankruptcy a second time until you have been discharged from the first bankruptcy.

In other words, you’ve got to complete your first bankruptcy. That means finding out what it is that your trustee wanted you to do that you didn’t – then doing it. In addition, your trustee will want to see your tax returns for all of the intervening years between when you file and now to assess if you owe the Court any surplus income. They will alos ask for an update on your current financial situation – where you work, what you onw, how you owe.

None of this will be any fun, but if you want to get the bankruptcy discharged then you’ve got to jump through all of these hoops.

For the rest of the people reading this site please heed this warning: if you file for bankruptcy make sure you complete the procedure. Something went wrong for this person and now the process is much more complicated and expensive to fix.