QUESTION

My last bankruptsey was final 9/16/90

Asked on Dec 26th, 2015 on Bankruptcy - Illinois
More details to this question:
Would it be to soon for me to file again? I have been widowed soon to be 18yrs. My pension is frozen, Never any larger. With the inflation rate it is tough. I have had numerious med. expenses during that time. Do you think I would qualify for the program?
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2 ANSWERS

In terms of time, there is an 8 year wait now between Chapter 7 filings.  Presuming that you filed a Non-payment Bankruptcy (i.e. a Chapter 7) in 1990, one can be again filed at any time. However, there is now a Means Test in place.  For 1 person, the annual figure is $49,682.00.  If your gross monthly pension is under $4,140.16 and you have no other income (as defined by the Statute), there would be no presumption of abuse and another BK7 can be filed. Since you also must do Credit Counselling before any filing and the forms recently changed, it is recomended that you speak with an attorney versed in Bankruptcy procedure.  Such an individual needs to practice in your District and, hopefully, can be found through a referral from you County Bar Association.  Any names given can then be previewed on the internet and an appointment set.
Answered on Dec 28th, 2015 at 9:55 AM

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Bankruptcy Attorney serving North Andover, MA
2 Awards
You can  file bankruptcy every two to eight years depending on the circumstances. Not that I advocate multiple filings but you could have filed twice by the end of net year.   The issue is if you can not pay bills and need bankruptcy to get your finances under control. While it seems you can not, you have given us very limited information and it does not allow me to say your bankruptcy is likely to go smoothly.
Answered on Dec 27th, 2015 at 6:18 AM

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