QUESTION
Can I file for chapter 7 and stop garnishment for a vehicle even though I filed in 2012?
Asked on Feb 18th, 2016 on Bankruptcy - Kentucky
7 ANSWERS
A Chapter 13 only. Meet with an experienced BK lawyer.
Answered on Feb 22nd, 2016 at 3:10 AM
Although you could file a Chapter 7, you would not be able to receive a discharge if it has been less than 8 years since you filed your previous Chapter 7 case and you received a discharge. But filing Chapter 7 could temporarily stop a garnishment, although not a repo. I can think of several other options that might be more appropriate to solve this debt problem.
Answered on Feb 22nd, 2016 at 3:09 AM
2 Awards
No. You cannot file chapter 7 for 8 years. Your only option is a chapter 13 which would require a repayment plan for 3-5 years, depending upon your income.
Answered on Feb 22nd, 2016 at 3:09 AM
No, you cannot file until after the filing date in 2020.
Answered on Feb 22nd, 2016 at 3:09 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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All though it is a rare event, you could file under that chapter, but you could not get a discharge of Jets this soon. So the question is whether it is worth your effort to hold them off for a few months or not.
Answered on Feb 22nd, 2016 at 3:08 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Not if you received a discharge in your 2012 case. The waiting period between chapter 7 is 8 years.
Answered on Feb 22nd, 2016 at 3:08 AM
Real Estate Attorney serving Florence, KY
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Linda S. Novakov & Associates, PLLC
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No, if you previously filed a chapter 7 bankruptcy petition, you can not file another Ch. 7 petition for 8 years. You may however qualify for a Chapter 13 filing. Contact a local attorney to verify that you would qualify - that would impose the automatic stay and stop any garnishment.
Answered on Feb 22nd, 2016 at 3:07 AM