QUESTION
Can I file Chapter 7 bankruptcy again if it is an emergency?
Asked on Feb 10th, 2011 on Bankruptcy - California
More details to this question:
I filed Chapter 7 bankruptcy 6 years ago and I received credit cards within 2 years of filing. I was let go from my job in March 2010 and am having a hard time paying the credit card companies. Three credit cards to be exact. Can I file again if it is an emergency? One card has a collection agency after me. I just need to be done with credit cards for the rest of my life.
10 ANSWERS
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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Sorry to say I do not know of any way that you can qualify for Chapter 7. However, you should be able to file for a 13 and then switch to a 7 when the 8 year waiting period is over. Hope this is helpful to you.
Answered on Feb 14th, 2011 at 12:43 PM
An emergency filing is typically related to unanticipated medical bills or disability. You do not appear to qualify. Because you need to wait 8 years before filing a new Chapter 7, you may need to consider a Chapter 13 instead. Contact a bankruptcy attorney in your area. Many will give you an initial consultation for no or a very low fee.
Answered on Feb 12th, 2011 at 5:43 PM
No. 11 U.S.C. Section 727 (a) (8) provides that the Court shall not grant the debtor a discharge if "the debtor has been granted a discharge under this section . . . in a case commenced within 8 years before the date of the filing of the petition." You need to wait 8 years, not 6 years. Being an emergency does not make a difference. You are eligible to file a Chapter 13 4 years after the filing of your Chapter 7 (see 11 U.S.C. Section 1328(f) (1). For comprehensive, expert advice about what is best for your situation, call me.
Answered on Feb 12th, 2011 at 3:43 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You may only file a chapter 7 bankruptcy once every 8 years. You may qualify for a chapter 13 filing (which is reorganization and payment plan). Speaking with a bankruptcy attorney can provide you with your options.
Answered on Feb 11th, 2011 at 7:43 PM
William C. Gosnell
No you must wait for 8 years no exceptions.
Answered on Feb 11th, 2011 at 5:58 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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You cannot file a Chapter 7 for two more years (it goes by the filing date of the Chapter 7 and not by the discharge date). You can file a Chapter 13 and pay in the plan whatever you can afford according to your budget which may be all or very little depending on your income and necessary expenses.
Answered on Feb 11th, 2011 at 2:13 PM
Trusts & Estates Attorney serving Camarillo, CA
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Law Offices of Larry Webb
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No, you cannot.
Answered on Feb 11th, 2011 at 1:43 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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No. You simply cannot file if the 8 years from the date of the filing of the bankruptcy case in which you received your discharge have not elapsed. However, if you are married, your spouse maybe able to file to protect you as well or you can file a Chapter 13 case. You should consult an experienced attorney to try to find a solution for you.
Answered on Feb 11th, 2011 at 12:28 PM
If you received a discharge in the prior case, you are not eligible for another chapter 7 discharge for 8 years. If you have regular income you may file chapter 13, which is a repayment bankruptcy based on your income. Consult with an attorney.
Answered on Feb 11th, 2011 at 12:13 PM
judith runyon
Only after 8 years from the date of filing of your previous ch. 7.
Answered on Feb 11th, 2011 at 11:58 AM