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Can I file for chapter 7 bankruptcy again if I got a discharge back in 1999, state of IN

Asked over 3 years ago - Indianapolis, IN

I filed bankruptcy and was granted a chapter 7 bankruptcy in June of 1999. Due to some poor choices and a loss of employement I am again over my head. Since it has been 9 year may I file again? I would like to reaffairm my car if possible. I own no property outside of my car, I just have a far amount of CC debt and no ability to pay. I filed it myself last time and figure if allowable I could do so again.

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Attorney answers (3)

Gregory J. Jalbert

Reputation Level 13

Answered over 3 years ago. Chapter 7 Bankruptcy Attorney in Seattle, WA.

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My best advise to you is to seek the advise of a competent bankruptcy lawyer. Most bankruptcy lawyers offer a first visit free consultation. He/she will be able to tell you if you qualify for filing a chapter 7 at this time. Part of it will depend on if enough time has passes since your last case (it appears that it has) and also if you pass "The Means Test". It is much more difficult to file without an attorney now as the paperwork and Information which needs to be provided to the bankruptcy court is much more extensive. Make sure that you select an attorney that has been practicing law for a considerable period of time and who's emphasis is on bankruptcy law. When you call to make an appointment be sure to find out what documents you should bring to your meeting in order to get the maximum benefit from your free consultation. Good luck.

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Craig Dennison Robins

Reputation Level 13

Answered about 3 years ago. Bankruptcy Attorney in Woodbury, NY.

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You can file for chapter 7 bankruptcy again since more than 8 years has passed since the date of your prior filing. It sounds like you should qualify under the new means test requirement, but you should meet with an experienced bankruptcy attorney. Good luck!

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Margery Ellen Golant

Reputation Level 18

Answered over 3 years ago. Bankruptcy Attorney in Boca Raton, FL.

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Under current law federal law,, the court bankruptcy court cannot grant a discharge to a debtor under Chapter 7 if he or she has been granted a discharge within eight years of the date of filing the petition.

However, the law has changed and it is much more difficult to do it now. There are threshhold rules regarding income, there is a means test you need to clear, pre-filing credit counseling and a post-filing debtor education course. The US Trustee's office (a division of the Department of Justice) supervises the process. Things are a good deal stricter and more formal than they were in 1999.

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