I got a chapter 7 bankruptcy discharge in 2003, can I file another chapter 7 or 13 to save my house in AL state

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
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Answers (4)

Brett D Weiss

Brett D Weiss

Contributor Level 6
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

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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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Kenneth W Miller Jr

Kenneth W Miller Jr

Contributor Level 4
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.
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Margery Ellen Golant

Margery Ellen Golant

Contributor Level 8
Yes, you can still file a Chatper 13. Under current law, there is an 8 year preclusion between Chapter 7 cases.
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Dustin Thomas Bower

Dustin Thomas Bower

Contributor Level 4
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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