If I filed for bankruptcy in April of 2008 and my case was closed, I believe that's what the term or maybe settled is the correct term instead, in July of 2008. When am I able to file for bankruptcy again? Last time I had a business that went unde...
You are eligible now. The rule is you can receive a discharge in a Chapter 7 every 8 years. First step is to schedule a free consultation. Hope that helps.
John G. Merna
I filed in 2008 and it was discharged in July of 2008. I may need to file due to medical issues. What is the time frame for : Chapter 7 Chapter 11
The rule is 8 years from the time of your last filing. You should be eligible now. If you are talking about medical debt being the problem it is unlikely you are in need of a Chapter 11. I think you may be thinking about a Chapter 13, which is the consumer version of a bankruptcy reorganization. The first step is to schedule a free consultation. Hope that helps.
John G. Merna
I've previously filed Chapter 7 back in Nov 2009 and it was discharged, I work part time and got myself in trouble I owe about $ 28000 in credit card debt, I don't make enough money to pay my bill let alone pay my credit cards, I have not make pay...
You are moving into the window of being able to refile. As my colleagues have pointed out, it is 8 years from time of filing. You should schedule a free consultation immediately. There are things that can be done to manage the collection efforts until you are eligible to file.
John G. Merna
Well I have some serious debt that I have accumulated in an 8 year span and was wondering if filing for bankruptcy myself woild be a good idea or if i should get a lawyer.
I think you might have anticipated that if you ask an attorney whether you should use a attorney that the answer would be "yes". But here in detail are just a few of the reasons it is better to use an attorney:
1) Many debtors look at filing a bankruptcy as an act to resolve the past, i.e. accumulated debt. The truth is the most important and valuable thing about filing a bankruptcy is what it can do for your future if done right.
2) Many debtors also assume that if the throw their debt onto a bankruptcy that is enough to cover them. This is true to some degree. But it is not enough in every case to stop further credit damage from non-listed collection agencies or debt buying services. A good bankruptcy attorney has a better ability to insure that all parties related to your debt are notified as best possible.
3) The real power of an attorney is a) getting it right the first time; b) making sure the paperwork is accurate and complete so you don't lose any assets. c) insuring the best notification possible to all sources related to the debt which also insures your credit score is no longer effected by post-filing derogatory reports due to poor notification. This allows your credit score to recover quickly.
To put it in a nutshell, I have seen too many self-filers (pro se) who come to me after the clerk or trustee wants to 1) dismiss the case due to improper or incomplete filing; 2) threats from the trustee to take property; 3) come after the case is over and they have their discharge but they are still being harassed by a creditor or still have negative post-filing reporting occurring on their credit report.
So as you anticipated, the answer is "yes, use an attorney". They are worth the expense to insure your future financial fresh start gets off to a run not a limp as many self-filers find. Hope that helps.See question
I AM CURRENTLY BEING GARNISHED RIGHT NOW BY A CREDITOR THAT HAS NEVER CONTACTED ME NOR HAS MENTIONED TO ME ANYTHING ABOUT LEGALS. I CALLED THE COURTS AND REP ADVISED ME WHEN THE PRIVATE PROCESSOR WENT OUT TO SERVE ME THE HOUSE HE WENT TO WAS VACAN...
There is a cost-benefit analysis you may want to consider before you run ahead to vacate the judgment if possible. The "cost" is the time, court fees, and professional fees you will spend to reverse the judgment based on lack of service. To be clear, reversing the judgment does not mean you don't owe the money and the creditor can turn around and serve you based on the information you provide to the court. In other words, you may be right back where you started, so the benefit may be low to take this kind of action based on the garnishment occurring.
If you owe other creditors that you are also in default on and you have no defense that the debt is legitimate, you may want to consider a better alternative which is a bankruptcy filing to eliminate this and all you other unsecure debt, which will put you on the road to rebuilding your credit.
Like I said, consider the cost of reversing the judgment based on principle when the fastest, most beneficial, most comprehensive, and long term solution may be getting a fresh start with a bankruptcy. I hope this information helped.
I just got divorced and unfortunately now need to file bankruptcy. I had made payment arrangements with one of the creditors and am wondering if since I did that will I still be able to file bankruptcy?
Yes. You can absolutely file a bankruptcy even if you have entered into a payment arrangement with a creditor. From the small amount of information you provided it is clear your household income went down as a result of the divorce; that your creditor has already been affected because you are behind on payments with at least one creditor; and that you are under collections pressure from the creditor you entered into the payment arrange. We are going to immediately tell you to discontinue the payments to the creditors you will be discharging which will give you some breathing room. In most cases, a bankruptcy is the fastest, cheapest, and easiest way to recover your credit.
John G. Merna, Esq.
I just went through a custody case this past June and I am in a lot of debt with all my legal fees. I wanted to see if filing bankruptcy would allow me to clear up this debt.
Yes, legal fees are discharged in bankruptcy assuming you have not offered any collateral to secure them. More than happy to help.
John G. Merna
The Merna Law Group
I contacted a national bankruptcy firm last year to file Chap 7; finally after almost a year, things are finally getting together and filed (My fault for utilizing a national firm, and not someone local, I know). All of my debts were acquired whil...
The USTrustee's office in Norfolk has specific policies in place addressing your situation favorable to you. You should find a local attorney to insure there is an awareness not just of the Court's Local Rules but an awareness of local practices and policies.See question
I don't own any property other than my car.
Mr. Harrell is correct. In the Hampton Roads area the trustee's keep a keen eye on how your homestead deed exemption is used, whether the deed is properly executed and complies with all legal requirements, and whether prior deed have reduced the available protection. One of the more common problems we encounter is self-filer problems with the homestead exemption. Mr. Harrell is also correct in advising you to get help from a local attorney. While the cost of an attorney may seem daunting when you are struggling financially, the cost of an incorrectly handled case can be higher and the cost of not properly shutting down credit reporting can undermine your ability to successfully recover your credit. A few attorneys, including our firm, offer payment plans in your area to make the costs affordable. It is highly recommended you use an attorney that also offers a credit recovery program to stimulate your recovery after bankruptcy and short the time to qualify for a home purchase or other credit after bankruptcy. Please be advised that your homestead deed must be filed within 5-days of the conclusion of the 341 Meeting of Creditors. This deadline applies to any amendments to the deed to add new assets requiring protection. After this cutoff the trustee is able to seize any assets that have not been successfully added to the Homestead Deed.See question
I was quoted around $1000.00 USD from one lawyer, however I was wondering if there was a cheaper way to file bankruptcy being that I am kind of short on money. Please help if possible. Thank you.
The unfortunate thing about using price as a deciding factor in choosing an attorney is the client often does is focusing on their initial goal which is get rid of debt. The reality is their ultimate goal is actually to recover their credit. Hiring a cheap attorney seems like a frugal response to an out-of-control credit situation that has landed one in the lap of a bankruptcy. However, how well a bankruptcy is done and the guidance an attorney can give on rebuilding and post-bankruptcy secrets to faster recovery can be invaluable. It is far more expensive to languish with credit problems and a slow recovery. Choose an attorney that does more than filing bankruptcy because what you are trying to do is more than just get rid of the debt. If not, then file it yourself. It is the cheapest way to go but you may lose property and have a lot of difficulty. My point is price should not be the sole determining factor. For more on this I am doing a live streaming event online this coming Monday at 6:30 p.m. For more details visit www.mernalaw.com. I hope this insight helps.See question