BANKRUPTCY DISCHARGE RULES

  • 9 month automatic discharge for 1st. time bankrupts who fulfill all their duties and who do not have surplus income according to the standards.
  • 21 months for 1st. time bankrupts who fulfill all their duties and who have surplus income according to the standards.
  • 24 months for 2nd time bankrupts who do not have surplus income according to the standards.
  • 36 months for 2nd time bankrupts who have surplus income according to the standards.
  • Bankrupts with personal income tax debt of $200,000.00 or more representing 75 percent or more of total unsecured claims, are not eligible for an automatic discharge. They must go to court for an adjudication.

Note: The trustee at the 8th month (for first time bankrupts) and at the 23rd month (for second time bankrupts) will take the average income over the 8 or 23 months and that will determine if the bankruptcy will be extended or will be limited to 9 or 24 months.


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