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    Vacate Chapter 7 Bankruptcy

    In 2008 I was discharged from Chapter 7 bankruptcy. From what I knew and was told it would pose no problems for me. I have been trying to reenlist in the military and I cannot because of the bankruptcy. I read somewhere that you can vacate a Chapter 7 bankruptcy within 3 years of the 341 meeting. Is this true? if so how do I go about this?

    #2
    military and bankruptcy

    Hello gm2001,

    Just a BK does not prevent reenlistment. You can get a waiver for a BK. You do have to meet the financial qualifications. I think Navy is total indebtedness can't be 2 1/2 times your military salary. They are looking at your responsibility post-BK, did you not run up a lot of debt, did you build your credit, and most importantly: can you reasonably pay your debts on your military pay.

    All else fails, join the Marines

    Tom in Colo
    Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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      #3
      Tom, while that may have been the case in the past it is not now, at least not for the branch that I want to reenlist in. I am 100% positive I cannot have a bankruptcy at this time, I saw the regulation for myself, no waivers will be granted. Recruiting is so good these days it is next to impossible to get a waiver, even more so for a prior enlisted. So vacating is the only option that I see. Changing the regulations has really messed with me, I would have never filed if I knew this.

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        #4
        I'm not sure you can vacate a Chapter 7 bankruptcy discharge, for want of no discharge.

        Were you an officer?
        Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
        Status: (Auto) Discharged and Closed! 5/10
        Visit My BKForum Blog: justbroke's Blog

        Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

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          #5
          I was enlisted.

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            #6
            This is different. At most I have heard of people who could not get their clearance renewed and would have to either retrain or get out.

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              #7
              angles, just to clarify I am not on active duty wanting to reenlist. I was on active duty for 5 years and I got out, after I was out I went through and was discharged from bankruptcy, now I would like to reenlist but the bankruptcy is a issue.

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                #8
                Whats your DD-214 RE code/codes

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                  #9
                  My military record is perfect, Honorable, RE-1.

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                    #10
                    I am guessing you are looking for steady employment? Consider the Guard or Reserve forces if you cannot get in active duty. If you are able to enlist in the Guard/Reserve talk to your loggie about volunteering for deployments back to back. Most are 4-6-12 months at a time and not always in the sand box. Several people I know have lived their whole career in the Guard/Reserve and ended up retiring as though they where active with same benefits. Lots of folks also take one or two deployments after being laid off to bring in an income until they can find another job.

                    Good luck and let us know what you end up doing.

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                      #11
                      what branch?

                      Hi gm2001,

                      Which branch? Might be helpful to other folks.....

                      Tom in Colo
                      Ch7 filed 5/12/2010.....341 meeting 6/30/2010....report of no distribution 8/15/2010.....discharged 10/01/2010.....closed 11/09/2010

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