QUESTION
What should I do if I see myself struggling again?
Asked on Oct 15th, 2012 on Bankruptcy - Florida
More details to this question:
I filed bankruptcy in 2008 and was dismissed and I was told I can't file for bankruptcy until 2016. I had to file bankruptcy due to the bills that were left behind from my marriage.
9 ANSWERS
Were you dismissed? or Discharged? If you were dismissed, you have been misinformed. If you were discharged, you cannot file another Chapter 7 until sometime in 2016. A Chapter 13 may be right for you in that case when you find yourself struggling.
Answered on Oct 18th, 2012 at 6:46 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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It depends on if you were dismissed or discharged? Dismissed, then refile discharged then file a c13 because you can 5 years after previous filing.
Answered on Oct 17th, 2012 at 3:20 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You might consider filing a chapter 13. Bankruptcy is a complicated process. A chapter 13 is almost impossible to accomplish without an experienced chapter 13 attorney. In Arizona less than 2% of those who file chapter 13 without an experienced attorney are successful. So, 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 2:53 PM
I regret that your question lacks a sufficient amount of details to be able to properly advise you. Why was your 2008 bankruptcy dismissed? What kind of bankruptcy did you file in 2008? When you say you are struggling again, what do you mean? Who told you you can't file another bankruptcy until 2016? Details matter and I suspect that what you meant to say is that you filed a Chapter 7 bankruptcy in 2008 and received a discharge. A discharge means your bankruptcy was successfully completed, while a dismissal means that your bankruptcy was not successful - Big Difference. You may wish to consider pre-bankruptcy credit counseling to look at the reason you are having financial problems now. Bankruptcy cannot help you if the reason for your struggle is that you are living beyond your means or lack steady employment or other income.
Answered on Oct 16th, 2012 at 3:54 PM
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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Your details says that you were "dismissed" if that is accurate and your case was "dismissed", then you can just go ahead and file again and follow through with it to get your discharge. If instead of "dismissed" you should have said "discharged", then you can file a Chapter 13 case within 4 years of filing a Chapter 7 case. A Chapter 13 case discharges unsecured debt of up to $360,475 and allows you to restructure certain secured debt in exchange for payments of what you have left over at the end of the month after paying your reasonable expenses (that is, you must prepare with your Bankruptcy professional a very thorough budget and if you're not asking for "luxury", you subtract that from your net monthly income to arrive at the monthly payment amount) unless you have excessive unexempt assets.
Answered on Oct 16th, 2012 at 3:48 PM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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Who told you that you couldn't file until 2016 and why? My point is that it depends on why your case was dismissed. If you find yourself struggling again, you try working with a credit counseling agency and see what they can do to assist you in the interim until you are eligible to file bankruptcy again. I'd really look into why you can't file until then just to be sure.
Answered on Oct 16th, 2012 at 3:48 PM
Daniel James Wilson
Did you get a discharge in prior Bankruptcy? (You said it was dismissed.) If you did not get a discharge in prior case you may file a new case now.
Answered on Oct 16th, 2012 at 12:30 PM
Without knowing the particulars precluding you from filing bankruptcy again, I suggest that you ask someone with a financial background to evaluate your financial position.
Answered on Oct 16th, 2012 at 12:24 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Consult with a bankruptcy attorney in your area and take a copy of the order dismissing your 2008 case with you. Why was it dismissed? Did you have an attorney?
Answered on Oct 16th, 2012 at 12:19 PM