Legal Question in Bankruptcy in Massachusetts

Dismissed Bankruptcy

HI,

I'm looking for a clear definition of a Dismissed Bankruptcy. If someone has filed (chapter 7 personal)and then had it dismissed is the Bankruptcy still held against them? or is it wiped out. This is being asked for a mortgage program. Customer filed but had it dismissed and the program requirement is 36 months after discharge but says nothing about dismissal and nobody seems to know the difference. Also can they get it removed from their credit?Thank you in advance for your help.


Asked on 1/30/04, 1:35 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: Dismissed Bankruptcy

On the whole, "dismissal" is a bad thing, because it means that the debtor did not get any benefit from the bankruptcy case since everything (usually) reverts back to the way it was before the case was filed. "Discharged" is a good thing - it is the goal of a bankrutpcy case. A "discharge" relieves the debtor of the legal obligation to pay most debts (taxes, for example, are not affected by a discharge). However, a bankruptcy case stays on the credit report for as much as 10 years, regardless of whether it was "dismissed" or "discharged". I hope this helps.

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Answered on 1/30/04, 3:15 pm


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