I filed a Chapter 7 before. What would be the earliest date?
You will be entitled to file a new bankruptcy assuming you meet the financial qualifications. Here's the limitations:
Chapter 7 After Chapter 7
If a person has filed a chapter 7 and received a discharge (debts forgiven) then section 727(a)(8) of the Bankruptcy Code provides that another chapter 7 within 8 years will not forgive debts.
Chapter 13 After Chapter 7
If a person has filed a chapter 7 and received a discharge (debts forgiven) then section 1328(f) of the Bankruptcy Code provides that a chapter 13 filed within 4 years of the chapter 7 will not forgive debts.See question
The complete charge is 1335.00 for filing chapter 7 by a legal aid. I have paid 800.00 and no paper work has been done until I pay the balance. All I was given was a list of things I needed to provide and no paperwork has been done except receip...
The contract you signed will govern to what extent the money is refundable. Although the papers are not finished there will have been time spent so you should not expect a full refund. Before you cancel the contract consider if that is the right decision. I have people get scared and want to cancel but upon further reflection decide they do need to file. Just think about it.See question
I have filed a foreclosure action on a 2nd trust deed in California. The debtor has filed Chapter 13, but does not have a job. She has also not filed many of the forms required. She filed 5 days ago. I'm assuming she's just trying to slow d...
A corporation must have an attorney but an individual can represent him or herself. So if you are the creditor in your individual capacity, then you can represent yourself. If you are the 100% owner of a corporation you will need a lawyer. Note: a corporation can file a proof of claim without a lawyer. The bigger question is do you need a lawyer? Many chapter 13 cases are dismissed by the court for failure to complete the paperwork so you may want to wait and see if she completes the paperwork before you hire a lawyer.See question
I have a civil case pending for unlawful foreclosure. I recently filed a Chap 7 bk. How does my bk filing affect my civil case? Does my claim in the civil case now become part of the bk estate and could my civil case be dismissed on account of th...
All of your assets become property of the bankruptcy estate when a chapter 7 is filed. The law returns assets considered necessities of life (called exemptions in the legal jargon) to you. A claim for wrongful foreclosure may or may not be considered a necessity. You need to speak to a lawyer about this.See question
My ex filed for a chapter 13 bankruptcy but he asked for an extension and he lied about why he needed the extension. I sent a letter to the judge along with the proof. Will the judge read the objection and look at the proof or just post the object...
You should file papers with the court in proper form, you may need a lawyer to help you. That said, the judge will read what has been submitted. Typically there will be a hearing at which point the judge will rule on the issues. The bankruptcy system will be far more interested in his finances than the reason for an extension to file papers.See question
I am an Ex wife with non modifiable Spousal support backed up with trust deeds. My ex told me to forclose to get some of what he owes me and has now filed bankruptcy to stop me from doing so. Is there anything I can say to the trustee to get him t...
You may be entitled to all the things you mentioned but you'll need a lawyer to help you do it. This is not something the trustee will negotiate, you need to file papers with the judge.See question
I did the class and filed it 30 days after filing.
The answer is yes, as long as the court did not enter an order barring you from re-filing. You will need to file a motion quickly with the court explaining why you need to re-file but if this is your second bankruptcy in the past 12 months the court will likely grant the motion.See question
I filed a 13 in 2009 and then switched it over to a 7 in 2013 I think. I am needing to file again. Can I file a 7 or which date do I reference the original filing date. Please help
I hope this link takes you to a user guide on filing again. www.avvo.com/legal-guides/ugc/can-i-file-bankruptcy-if-i-have-filed-beforeSee question
Thinking about filing and will use a lawyer. But just doing a little research and I know I have to use 704 system because of home equity. Just want to make sure know issues with my retirement account (as there is a good amount in there). I also ha...
For starters, if you own a home with substantial equity (more than about $25,000) you will need to utilize the 704 exemptions. To answer your question, you should look at Calif. Code of Civil Procedure 704.115(a)(1) for the retirement and 704.160 for the workers comp. In my 23 years I have never had a chapter 7 trustee contest the exemption of a workers comp claim so I think you'll be OK on that.See question
If a married couple filed for bankruptcy during the marriage but during their dissolution he claimed that they were separated during that time, obviously for a lower alimony and separation of assets, and he receives that judgment, due to better c...
You are entitled to a joint bankruptcy if you are married. That means people who are separated but not technically divorced can file a joint bankruptcy. This does not sound like bankruptcy fraud unless you (or someone) can show being together vs. separated would have changed the result in the bankruptcy in some way. You might use the statements made by him in the bankruptcy to show the separation occurred after the bankruptcy. Note: by signing the bankruptcy papers the information is as much a statement by him as it is by you. Hope this helps.See question