I filed chapter 7 bankruptcy in 2005 and i need to file again, can i file??

Asked over 3 years ago - Jackson, GA

My child support went up $200 more dollars a month and they cut overtime out at work,and my vehicle is being repoed.Can i file again??

Attorney answers (4)

  1. Phyllis Gingrey Collins

    Pro

    Contributor Level 9

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    Lawyer agrees

    Answered . No, but you can file a chapter 13 if you Pay back 100% of unsecured creditors.

  2. Steven H. Phelps

    Contributor Level 3

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    Lawyer agrees

    Answered . Generally, a debtor can not be eligible to receive another discharge of debt if he received a discharge in a Chapter 7 case that was commenced within 8 years of the date of filing of the new case. These time periods are measured from the filing date of the original bankruptcy. This provision is in Section 727(a)(8) of the U.S. Bankruptcy Code.

    However, that does not mean that such a disqualified debtor cannot file a Chapter 13 Bankruptcy. It is possible to file a Chapter 13 Bankruptcy and propose a plan to catch up on auto arreages. The plan just cannot result in a discharge of any debt.

    I think you should discuss your options with an attorney to determine your best course of action. I wish you the best of luck.

  3. Marc Gregory Wagman

    Contributor Level 17

    1

    Lawyer agrees

    Answered . You are eligible to file only a Chapter 13. It appears that if you filed a Chapter 7 in 2005 you are eligible to file a Chapter 13 and receive the discharge as it has been over 4 years since you filed your Chapter 7. If you are eligible for the discharge you may be able to pay a percentage to your unsecured creditors any cc's, meds etc. The car is secured and would be paid through the plan. You need to speak with an experienced attorney. A Chapter 13 would pay your vehicle through the plan often reducing the interest rate on the car and perhaps the balance owed if the was not purchased in the last 2 1/2 years. Depending on your income you may be able to pay as little as 10% to your unsecured creditors.

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  4. Dana Leigh Oglesby

    Contributor Level 9

    1

    Lawyer agrees

    Answered . You will not be eligible for a chapter 7 until 2013, but you are eligible for a chapter 13 now. Chapter 13 will protect you from debt collection and since it has been four years since your chapter 7 you are also eligible for a discharge in the 13.

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