QUESTION
I am disabled and filed in 2009 but accumulated more bills could I file again or how could I stop harassing phone calls?
Asked on Oct 15th, 2012 on Bankruptcy - South Carolina
8 ANSWERS
You can file Chapter 7 every 8 years.? A Chapter 7 petitioner must wait 6 years if a Chapter 13 was previously filed.
Answered on Oct 18th, 2012 at 2:37 PM
You cannot file another Chapter 7 at this time, assuming your last bankruptcy was a 7, but you could file a Chapter 13 and with a minimal monthly payment discharge your bill in 36 months. Contact me if you would like more information.
Answered on Oct 18th, 2012 at 6:38 AM
Bankruptcy & Debt Attorney serving Syracuse, NY
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Theodore Lyons Araujo
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While you must wait at least 8 years between filing two chapter 7 (11 USC ? 727(a)(8)) bankruptcies (assuming you got your discharge) you need only wait two years between Chapter 13 cases (11 USC ?1328(f)(2)) 4 years between a 7 and a 13 (11 USC ? 1328(f)(1)) and six years between a 13 and a 7 (if the percentage to the unsecured creditors was under 70%) (11 USC ? 727(a)(9)). Please make sure you consult an attorney because you must fall under the definition of a debtor and you may have to take extra steps not normally performed in a Bankruptcy in order to make sure you are protected by the automatic stay (11 USC ? 362 et seq.) These times may also be greatly shortened if you did not get a discharge in the first case. Good Luck!
Answered on Oct 17th, 2012 at 3:07 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You can file again, but not another chapter 7. Therefore you will need to file a chapter 13. Please understand that filing for bankruptcy is a complicated process. Filing for a chapter 13 is almost impossible without a competent chapter 13 attorney. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Oct 17th, 2012 at 1:20 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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After a discharge in bankruptcy, you cannot file again for about 7 years.
Answered on Oct 17th, 2012 at 1:16 PM
You could stop receiving harassing phone calls by filing Chapter 13 and making a payment on repaying these debts, but you are not eligible to eliminate your debts through bankruptcy. As Chapter 13 is an expensive program, you may just want to tolerate the calls or tell the creditors to stop calling.
Answered on Oct 17th, 2012 at 1:09 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
In NJ, you could file again. It is an 8 year gap between filings for a chapter 7.
Answered on Oct 17th, 2012 at 1:05 PM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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Question: I am disabled and filed in 2009 but accumulated more bills could I file again or how could I stop harassing phone calls? *- you can re-file now, but ONLY if you didn't get a discharge AND/OR your case wasn't dismissed for fraud; however, I say that with an ABUNDANCE OF CAUTION since you've not provided any other facts and circumstances regarding your previous filing *
Answered on Oct 17th, 2012 at 1:01 PM