QUESTION
Can I file for bankruptcy for a second time?
Asked on Sep 24th, 2013 on Bankruptcy - Florida
More details to this question:
I attended credit counseling and filed for bankruptcy in 2006. I received a discharge for a chapter 7 bankruptcy. I never planned to file for bankruptcy again. Well life and bad decisions happened. I applied for payday loans. I repaid some and couldn't repay some because of loss of income due to illness, unemployment, and pay cuts. I am now receiving threatening calls from collection agencies and 1 letter from an attorney threatening legal action and/or arrest. I was intimidated into begin repayment to one collection agency. I realize now that I should have requested proof that I owed the debt to them before repaying. I would like to know what my options are.
1 ANSWER
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Bankruptcy is an available option. You will be close to the opportunity to file a Chapter 11 again, but you can absolutely file a Chapter 13 and stop all of the harassment.
It also sounds like some of the collectors are behaving in a manner that violates federal law and you can conisder reporting them to the Federal Trade Commission (FTC.GOV). While it is nice to know you might be able to sue for remediens under the FTC rules -- it is a very few and far between occurrence that collectors are held accountable -- just get yourself back on the pathway to financial health.
Answered on Sep 30th, 2013 at 3:16 PM