QUESTION
What does the entry of discharge in the case is withheld mean?
Asked on May 27th, 2016 on Bankruptcy - Virginia
More details to this question:
I received a letter in regards to the withholding because my wife filed bankruptcy 2 years ago and I didn't file with her. We have filed jointly as of today.
5 ANSWERS
That is an odd expression I have not heard before. I am guess it means that the court is delaying the decision of whether or not to permit the discharge, meaning eliminating the debts.
Answered on Jun 23rd, 2016 at 5:02 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Retaining a lawyer is almost always a good investment. If your wife received a discharge in her Ch. 7 case from two years ago, she is not eligible for a discharge in a case filed within 8 years of the filing of the earlier case. You would be eligible for a discharge, however, if you have not filed previously. So the Court is probably using 'withheld' to say that the discharge was not denied as such, merely that it is not granted. You could of course call the office of the Clerk of the Bankruptcy Court ask them what they mean.
Answered on Jun 23rd, 2016 at 5:02 AM
2 Awards
Your wife is not eligible for discharge. You may receive a discharge every 8 years.
Answered on Jun 23rd, 2016 at 5:02 AM
Have an experienced BK lawyer look at your file with you. I think I know what it is, but I wouldn't hazard a guess without looking at your file.
Answered on Jun 23rd, 2016 at 5:01 AM
Bankruptcy Attorney serving Hampton, VA
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You should consult with your attorney who filed your case. He/She can address this. If you filed yourself then I'm sorry this happened. Under the bankruptcy laws parties if you want a discharge you cannot file bankruptcy again for certain periods of time from their previous filing. Sounds like you wife previously filed a Bankruptcy and the new Bankruptcy was filed too early to allow for a discharge. If you don't have an attorney you should retain one so your Bankruptcy will be done properly.
Answered on Jun 22nd, 2016 at 9:54 AM