Legal Question in Bankruptcy in Illinois

closed/discharged

What is the difference between a closed bankruptcy and a discharged bankruptcy? Also can a person apply for credit while a bankruptcy is in process?


Asked on 6/05/02, 11:21 am

1 Answer from Attorneys

Andrew Nichols Law Office of Andrew B. Nichols

Re: closed/discharged

A "closed" bankruptcy is the proper term for a bankruptcy that was not concluded. Basically it should refer to cases that were not processed all they way through and resulted in being dismissed prior to "discharge". When a case has been "discharged" the bankruptcy proceeding was completed and the Debtor who filed for bankruptcy relief is granted a discharge order which concludes the case and legally eliminates the debts. The two terms are sometimes used incorrectly but I believe the best way to differentiate between the two terms is to assign the definitions I have described above. This makes a significant difference also because if a filer does not have his case concluded by a discharge then he/she is eligible to refile. If the case has been discharged a new filing can not take place until seven years later. ph. (800) 303-0720

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Answered on 6/05/02, 12:22 pm


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