QUESTION
What can I do if I filed a chapter 9 years ago that was discharged and I currently owe $12,000.00 in credit card debt?
Asked on Dec 22nd, 2012 on Bankruptcy - Florida
More details to this question:
I file chapter 7 nine years ago on credit card debt. I am looking into filing on my credit card currently, which is $12,000. I also have a car loan with capital, which is a credit card debt. I am looking to reaffirm car loan and file on credit card debt. I make $11.52 hourly.
14 ANSWERS
It's been over 8 years since you filed your last bankruptcy so you should be able to file bankruptcy at this time. You should check to find out if your gross annual income exceeds the median income in your state to see if you qualify for ch 7. You can check median income by going to http://www.justice.gov/ust/eo/bapcpa/20121101/meanstesting.htm and checking median incomes.
Answered on Dec 30th, 2012 at 5:26 AM
William C. Gosnell
File again
Answered on Dec 30th, 2012 at 5:24 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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Nine years is long enough. You can file again. Good luck.
Answered on Dec 30th, 2012 at 5:24 AM
I would not recommend bankruptcy for someone with a mere $12K in debt. I would suggest that you consider whether you might be able to settle these debts for a reduced amount. You will need to offer the creditors a lump sum of cash to get a discount and you will need to have gone several months (and be in collection) in order to get the best settlement deals. The downside to doing this is that you will have a tax liablity for the amount of the debt any creditor has forgiven. Although bankruptcy does not require you to have a set dollar amount of debt, any bankruptcy case must be filed in good faith, which means that it would be nearly impossible for you to be able to realistically pay off this debt.
Answered on Dec 28th, 2012 at 3:14 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes, but understand that filing for bankruptcy is a very complicated process. 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 Dec 28th, 2012 at 11:21 AM
Daniel James Wilson
You can file a Ch 7 eight years after FILING date of previous Ch 7.
Answered on Dec 28th, 2012 at 11:21 AM
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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You can file for Chapter 7 again since the waiting period is over. It would be good to discuss with an attorney whether or not now would be the best time to file, since you only owe $12,000. That is a lot in proportion to your earnings so this might be a good time to file but there might be advantages to waiting and filing later.
Answered on Dec 28th, 2012 at 11:19 AM
Sounds like you may be a good Chapter 7 candidate- contact a local consumer bankruptcy attorney- be sure to shop around for the lowest fees and for someone experienced you trust with your case.
Answered on Dec 28th, 2012 at 11:19 AM
Bankruptcy Attorney serving Oakdale, CA
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Law Office of Todd Whiteley
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If you filed 9 years ago, there is no time bar to prevent you from filing another chapter 7 or any other consumer chapter of bankruptcy. Given the bare circumstances you outline, I expect that you would be eligible for another Chapter 7 to discharge your credit card debt. Of course, a more complete picture of your debts and assets is needed to make a solid determination.
Answered on Dec 28th, 2012 at 12:11 AM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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You are eligible to file another chapter 7 since it has been more than 8 years since you filed the prior case. You should consult an attorney as to whether you should file again at this time.
Answered on Dec 27th, 2012 at 11:06 PM
Ethics & Professional Responsibility Attorney serving Palm Harbor, FL
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Stephen C. Whalen, P.A.
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You are eligible to file Ch 7 since your previous filing date was over 8 years ago. However, unless the credit card purchase of the car was secured (it's possible that it was not) your would not have a debt to reaffirm. In other words you would own the car free and clear. That may not be as good as it sounds. Depending on the value of the car you may be required to surrender it to the trustee or pay for the car if you filed for Ch 7. An analysis of the applicable exemption laws must be performed.
Answered on Dec 27th, 2012 at 9:49 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Speak to a bankruptcy attorney, amny of whom give free consultations to determine what is best with your situation.
Answered on Dec 27th, 2012 at 2:07 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You can file another chapter 7 after about 7 years since the last one.
Answered on Dec 27th, 2012 at 2:07 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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It sounds as though you might qualify to file another chapter 7 case.
Answered on Dec 27th, 2012 at 2:06 PM