Defendant claimed BK 1999-discharged. How soon can he refile BK? We are establishing defrauding 10 people taking money no repay

Asked almost 3 years ago - Sedona, AZ

Defendant is guilty of 3 felonys and 6 misdemeanors. I am one of 10 victims he borrowed money from with promise to pay back by Promissory Note. He never intended to pay anyone back. If he defrauded us can he exlude us from repayment if he files bk again? How soon can he file? I am not sure of the class of BK he filed in 1999.

Attorney answers (2)

  1. Hamid Jabbar

    Contributor Level 13


    Lawyer agrees


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    Answered . If he filed Chapter 7(or Chapter 11) in 1999 and received a discharge he would have been precluded from filing another Chapter 7 for 8 years from the date of the previous filing. That time has expired and he would be eligible for Chapter 7 again today. The time requirements for filing a Chapter 13 are even less so he could also file under Chapter 13 today. Debts incurred by fraud can be excluded from discharge but you would have to bring an adversary proceeding in the bankruptcy to have the debts declared non-dischargeable.

    This answer is for informational purposes only. This answer does not constitute legal advice, create an attorney-... more
  2. Barry W. Rorex

    Contributor Level 14

    Answered . The previous answer summed it up just right. There are time frames established by law (that were changed in 2005) that limit how many times you can file bankruptcy within a specified period of time.

    Generally, you have to wait 8 years for a 7, 4 years for a 13 and 6 years a mixed case. That being said, if you filed suit against him and that suit is based on a count of fraud, it can survive the bankruptcy even if he files.

    The civil case would be put on hold for a period of time and it is possible that you would have to take up a claim in the bankruptcy court.

    I recommend retaining a bankruptcy attorney if you do need to pursue the claim in bankruptcy court because the bankruptcy code can be incredibly complicated.

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