Expert Advice When You Need It Most
I got a chapter 7 bankruptcy discharge in 2003, can I file another chapter 7 or 13 to save my house in AL stateI WAS DISCHARGED FROM CHAPTER 7 BANKRUPTCY IN 2003 IN THE STATE OF ALABAMA. UNFORTUNETLY DUE TO OVERWHELMING DEBT (CREDIT CARDS AND A 7000 DOLLAR LOAN WITH A 29% INTEREST RATE), A MORTGAGE PAYMENT AND CAR LOAN, I AM UNABLE TO PAY THESE BILLS. I AM THINKING ABOUT FILING FOR BANKRUPTCY AGAIN TO PREVENT THE LOSS OF MY HOME. MY QUESTION IS : HOW SOON CAN YOU REFILE FOR BANKRUPTCY AFTER DISCHARGE IN THE STATE OF ALABAMA AND WHAT ARE MY OPTIONS OF SAVING MY HOME.
Additional information
i also got a chapter 7 in 2001 in utah when can i refile one and where can i get a free copy of when it was discharged? thank you Attorney answers (4)
Reputation Level 9
Answered over 2 years ago.
Chapter 7 Bankruptcy Attorney in Minneapolis, MN.
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 puts an eight year time period between Chapter 7 filings, so you would not be eligible for a Chapter 7 bankruptcy.
2 people marked this answer as good
Add comment
Reputation Level 14
Answered over 3 years ago.
Chapter 7 Bankruptcy Attorney in Greenbelt, MD.
You can file a Chapter 13 now and receive a discharge. (Note that even if you couldn't receive a discharge, you could still file a Chapter 13 to catch up on the mortgage payments.) You are ineligible to receive a Chapter 7 discharge until 8 years have passed from the date you filed your previous case.
Brett Weiss brett@BankruptcyLawMaryland.com www.BankruptcyLawMaryland.com ***************************************************************** 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. ***************************************************************** 6 people marked this answer as good
Lesley Abigail Hoenig, licensed in Michigan and 2 other states
Reputation Level 18
Answered about 3 years ago.
Foreclosure Attorney in Boca Raton, FL.
Yes, you can still file a Chatper 13. Under current law, there is an 8 year preclusion between Chapter 7 cases.
1 person marked this answer as good
Reputation Level 9
Answered about 3 years ago.
Bankruptcy Attorney in Salem, NJ.
You can file a chapter 13 bankruptcy if it has been 4 years from the date you filed your prior chapter 7 case. You can pay the arears back over a 3-5 year period, depending on your annual income and your disposable income. You should see an experienced bankruptcy attorney in your state for more specific advice.
4 people marked this answer as good
Related Questions4 Attorney answers: 
Asked by a user in Levittown, PA - over 1 year ago. 3 Attorney answers: 
Asked by a user in Oceanside, CA - 12 months ago. 2 Attorney answers: 
Asked by a user in Miami, FL - over 2 years ago. |
