diligentia.ca

24Dec/110

Conditions after revocation of Bankruptcy application

The term discharge of Bankruptcy Help is used when a debtor get released from his personal liability to pay a certain or specific type of debtor as he is no longer liable legally to pay any debts. This discharge can be a permanent order of prohibiting creditor and debenture holders from collecting debts, loans, amount due and taking negative action like legal action or communications with debtors including phone calls, personal contacts, written communication, etc. Discharge of bankruptcy depends on the law according to the chapter under which the case is filed. In case a debtor becomes unable to fulfill the terms and conditions of the discharge or if he commits any act fraudulent according to act after or before his discharge, then creditors may ask for revocation of discharge. But if ruling bankruptcy is revoked, the concern debt is not any longer considered to be resolved.

After Revocation of Bankruptcy

When a bankruptcy is declared to be revoked, all debts again exposed for collection attempts. After revocation creditors can again ask for payments and they are able to take legal action, if debtor fails to make timely payments. Creditors and debenture holders can charge regular interest with which debentures are issued, penalties and late fees soon after revocation. The process of bankruptcy treated as if it never occurred as it revoked. After revocation of Chapter 13 Bankruptcy, creditors and debenture holders are not allowed to put interest during the period of the revocation.

Refilling for Bankruptcy

After revocation of bankruptcy application, debtor can again apply for bankruptcy. He needs to prove his status of assets is less to pay off his liabilities. The debtor can apply for the process of refilling of bankruptcy only after six months after the date of original revocation. In case the event of the refilling that takes place before one year from the date of dismissal of proposal of original bankruptcy, the stay period of protecting assets may get reduced to 30 days. After the passage of the stay period, creditors or debenture holder may contact concern party or debtor to attempt for settlement of debt and the repayment plan can be use to avoid entering the debt in bankruptcy. Penalties, interest, and fees may be charged as it was earlier on pre defined rates from the stay period to the date of payment of original amount with interest, fees and penalties.