QUESTION

Hi, I have two questions, first.....how many times can you file bankruptcy? Secondly.......what's the difference between chapter 7 and chapter 13?

Asked on Apr 06th, 2019 on Bankruptcy - New York
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I was the victim of identity theft back in November and a substantial amount of money was withdrawn from my bank account. Shortly afterwards the significant other and I split which caused a decrease in household income and now I'm struggling to maintain bills.
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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1.  There is no limit to the number of times you can file a bankruptcy case.  The issue is whether you can receive a discharge of debts in the particular chapter under which you are filing.  And that depends on which chapter your prior case(s) was filed under, how long ago it was filed, and whether you received a discharge. For a detailed explanation of all the timelines and requirements, see https://www.bklaw.com/bankruptcy-blog/2012/11/time-between-filing-bankruptcy/   2.  There are many differences between Chapter 7 and 13.  The main difference is that in Chapter 7 you do not make payments to your creditors and the Trustee will liquidate (i.e. sell) any non-exempt assets you have.  In a Chapter 13, you get to keep all your assets, but you must pay your creditors over time at least what they would receive in a Chapter 7 and not less than your disposable income shows you have the ability to pay.    There are many other differences and requirements, which is why God invented bankruptcy attorneys.  You should avail yourself of the knowledge of one in your area to go over the specifics of your situation and advise you on your eligibility and options.
Answered on Apr 07th, 2019 at 12:12 PM

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