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 going to have to file for bankrutpcy a second time
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james100
Starting Member



15 Posts

Posted - 27 May 2010 :  15:22:32  Show Profile  Visit james100's Homepage  Reply with Quote
Hi i have recently been discharged from bankruptcy in April and have found out that one of the main debts i originally included for tax credit overpayment will not included, so i am going to have to file for bankrutpcy a second time and wanted to know if there are any time restrictions on how long i need to wait before going bankrupt again?

debtinfo
forum expert



2826 Posts

Posted - 27 May 2010 :  16:54:00  Show Profile  Reply with Quote
ok a bit of info first, why is the overpayment no incurred, when was the first bankruptcy, when did they demand the money back
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james100
Starting Member



15 Posts

Posted - 27 May 2010 :  17:03:54  Show Profile  Visit james100's Homepage  Reply with Quote
I declared bankruptcy on 23rd october 2009, the tax credit debt was incurred between april 2009-sept 2009, however they wont accept this overpayment of tax credits in my bankruptcy because apparently the final statement confirming exactly what i owed them wasnt sent out to me till february this year so there basing it on the fact they sent out the claim to reclaim the overpayment in february after my original bankruptcy date, even though the debt occured before if this makes sense

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debtinfo
forum expert



2826 Posts

Posted - 27 May 2010 :  17:21:23  Show Profile  Reply with Quote
Yes that makes sense and it is correct, there was a case a couple of years ago where the judge set those rules.

There is no reason you would have to wait. As long as they have asked for the money back formally you could include it in a second bankruptcy.

Be aware that under the same rules they can continue to deduct money from any benefits that you are continuing to receive during the second bankruptcy until you are discharged, after you are discharged for the second time then they can no longer deduct from ongoing benefits
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