Question: I have been with my wife for 4 years now, she was bankrupt in 2003 and from what I can tell she was not discharged because at the time there was surplus income which she did not pay,(apparently the amount she was told to pay was approx $1800, being a single Mom at the time, she went to court to oppose the amount and they doubled it!) I would like to know the steps to getting this mess cleaned up and discharged, thanks.
Answer: The simplest option is to contact the original trustee and determine what exactly is required to obtain her discharge. If the only issue is money, than the simple option is to pay whatever the court ordered her to pay, and then the trustee can apply for her discharge.
If she does not want to deal with the trustee, or if she does not agree with the decision of the court, then her only other option is to contact the court and book another discharge hearing, and ask the court to vary the terms of her original discharge order. She will need to demonstrate that she does not have the ability to pay what was originally requested. That process is easiest if you have a lawyer do it on her behalf, but obviously that costs a significant amount of money, so dealing with the original trustee is usually the cheapest option.




