about bankruptsy law in iowa

[daffysmiles]

i live in iowa and several years ago my ex filed bankruptsy. i had to file with him or i would of been stuck with all the bills. since then we both had remarried. now my question is how long before the past bankruptsy is dismissed? i thought 6 years but we filed in 95 and i never got nothing in the mail confirming it 6 years later. now my present situation is i let my current husband use my house as collateral on his debts. now i loss my job when sitter quit and have 2 little boys so i stay at home and he does construction with weather permitting and we can not meet all our debts. he's had repos done we're in foreclosure now but holding out cause i havent recieved nothing to dismiss the last bankruptsy. i am tired of leaving phone on line all the time cause of bill collectors but i cant make promises to them on anything cause we dont have the money. i guess what i want to know is what can we do? can i file now? or do i have to wait? i had credit cards of mine that are severely delinqiunt from 2 years ago. helppppppp so stressed out over this.

 

[Ladynred]

Bankruptcies are discharged in 3-6 months, meaning the court granted you relief from paying all the creditors you listed in your bankruptcy. You should have gotten copies of the discharge papers at the time it was completed.

However, if what you mean is how long will it stay on your credit report, then the answer is 10 years, so you have a few years to go.

You can only file bankruptcy once every 6 years. So, depending on when you got your discharge, you could file again this year.

 

[daffysmiles]

i guess thats what i kind of wanted to know to was about the discharge papers. i never recieved them yet and i figured if it was 6 years i should of gotten them last september. we had gone to court sept 95 .i did get the papers after the sept 95 court deal for that but hadnt recieved nothing yet about discharge and was wondering why.

 

[Ladynred]

When you went to court in Sept. of '95, was it for the 341 (creditors) meeting ? Unless something happened that the whole bankruptcy was thrown out, you should have gotten your discharge papers at least sometime in the first 3 months of 1996, maybe even the end of 95 !

The papers that you did get from your court date in Sept 95, what do they say ??

Did you have a lawyer for the bankruptcy ? Have you tried contacting his office about the discharge papers ? Is it possible your Ex has all the discharge papers ??

 

[daffysmiles]

i wouldnt put that pass my ex to do. he did just get him self a new harley. the lawyer is here locally so i will ask him. when the 6 yrs is up do they send you anything in the mail or just what you got after trial meeting? my ex did everything and kept me in the dark on it. i just signed or had to pay it all.

 

[Ladynred]

You won't get any notices after the 6 years is up, that's just the Federal limitations period. Your discharge happened 95/96, that's when discharge papers would have been sent to you (or your ex).

I'd ask your lawyer for a copy if your ex won't give you copies. If you're lucky, he has them archived somewhere.. its been a long time.

 

[dorenephilpot]

Or you can just contact the court directly and ask when/whether the discharge was granted.

Many states offer access to that information online. I know Indiana does.

Because it appears that you have online access, try to check it out that way. If you have no luck there, try a phone call. The clerks are usually very helpful.

Good luck to you.

 

[daffysmiles]

do i contact the clerk that the bankruptsy was done in? we live in one county but it was done in another. i've been trying to get the lawyer he had but he not only is a lawyer but a judge so hard to catch. but i will continue trying . thankyou very much for all the information you have given me.

 

[dorenephilpot]

Just call the bankruptcy court clerk in the district where your case was filed.

You don't have to talk to the judge or to an attorney to get this information.