QUESTION

How many times can a person file Bankruptcy? Is that the only to protect a mortgage when out of work and cannot make the payments?

Asked on Nov 26th, 2012 on Bankruptcy - Vermont
More details to this question:
If I go bankrupt, I am worried that I will lose my house, my car, and other assets
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1 ANSWER

Bankruptcy Attorney serving Burbank, CA
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There is too much information missing to answer your question, but the short answer is that there is no limit to the number of times a person can file bankruptcy.   There is, however, a limit to whether one can receive a discharge in a bankruptcy case depending on if one was received in a prior filed case, and when that prior case was filed. See my recent article on how many times you can file a bankruptcy and how long in between each one you need to wait. Without knowing what chapter your prior case was, whether you received a discharge, and what chapter you're contemplating filing now, it's not possible to more accurately answer your question. As far as what assets you will or won't lose, that depends on which Chapter you file, the value of the assets, and what exemptions you have available under applicable law.  (Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. ) Mark Markus has been practicing exclusively bankruptcy law in California since 1991.  He is a Certified Specialist in Bankruptcy Law by the State Bar of California Board of Legal Specialization,  AV-Rated by martindale.com, and A+ rated by the Better Business Bureau.  
Answered on Nov 27th, 2012 at 1:27 AM

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