I got a chapter 7 bankruptcy discharge in 2003, can I file another chapter 7 or 13 to save my house in AL state
Trussville, AL
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Posted about 1 year ago in Bankruptcy / Chapter 7
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BANKRUPTCY:
I 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.
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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 Answers (4)Brett D Weiss
This attorney is licensed in Dist. of Columbia and 1 other state.
Posted about 1 year ago.
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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. ***************************************************************** Kenneth W Miller Jr
This attorney is licensed in New Jersey and 1 other state.
Posted 11 months ago.
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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.
Margery Ellen Golant
This attorney is licensed in Florida and 1 other state.
Posted 11 months ago.
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Yes, you can still file a Chatper 13. Under current law, there is an 8 year preclusion between Chapter 7 cases.
Dustin Thomas Bower
This attorney is licensed in Minnesota.
Posted 4 months ago.
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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.
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