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Can we refile for chapter 7 after getting our chapter 7 dismissed two years ago because we made too much money

Wayne, NJ |

My husband and I filed for chapt 7 2 yrs ago and got dismissed because we made too much money. Now my husband is on disability and making 50% of his salary. Should we wait 6 months and file for a 7 again. We sold our home in a short sale 2 years ago. We have considered trying to pay back out debt. A lot of it has been charged-off or sold to other people. At this point would we really be able to clean up our credit report. We would really like to purchase another home in approx. 2 years time. We owe approx. 60,000. thank you.

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Attorney answers 2


If I were you I'd schedule an appointment with a bankruptcy attorney who does both chapter 7 and 13 work and gives free first consultations. He/she will first be able to tell you if you pass "The Means Test" which is an income and expense based test. You must pass this to be eligible to file a chapter 7. Otherwise a chapter 13 would be required. I don't think the old case will be a problem but be sure to tell the atty so he can look into what the Court said when your case was dismissed. If you try to pay off 60k over 5 years at 12% interest you need to pay $1334 which is alot on disability. If you can file a chapter 7 now you should be able to purchase a home around 2 years out.


If you will eventually file, it usually makes sense to file now, while you are eligible and have not paid the debt, rather than later. It also gives you more time to begin rebuilding your credit.

I strongly recommend speaking with a local bankruptcy attorney to see if this is your best option.

Brett Weiss

The Small Print: This response is for discussion purposes only. It isn't meant to be legal advice and you shouldn't treat it as such. If you want legal advice, speak with a local lawyer familiar with your state's laws who can review *all* of the facts and the law applicable to your situation.

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