QUESTION

Filing bankruptcy to clear a judgement.

Asked on Mar 29th, 2014 on Bankruptcy - Indiana
More details to this question:
I have a pending judgement for 150,000. One possible option I have is to file bankruptcy. I filed in 2005 and it is now discharged, am I able to file again?
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Personal Injury Attorney serving Fall River, MA at Botelho & Associates, LLC
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If you filed in 2005 a chapter 7 bankruptcy and received a discharge, you may file another chapter 7 bankruptcy petition within 8 years of receiving your chapter 7 bankruptcy discharge. If you filed a chapter 13 bankruptcy and received a discharge, you have to wait 4 years after you received a discharge to file a chapter 7 bankruptcy. If you wish to file a chapter 13 bankruptcy after a chapter 7 bankruptcy, you only have to wait for years and if you do it after a previous chapter 13 bankruptcy, you only have to wait two years after you receive a discharge. Depending on your income and if you have any assets that you wish to protect, that you feel would be liquidated in a chapter 7 bankruptcy, would dictate if you chose chapter 7 bankruptcy or chapter 13 bankruptcy. Always use the services of an experienced bankruptcy attorney who is experienced in both chapter 7 bankruptcy and chapter 13 bankruptcy. I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.    Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave.  Unit 2 Fall River, MA 02723  Office:  888-269-0688 FAX:    877-475-8147
Answered on Apr 02nd, 2014 at 12:40 PM

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