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Filing chapter 13,then filing chapter 7six months later

Celina, OH |

I am getting my wages garnished and need to get it stopped.i filed a chapter 7 Oct.22,2002.What if I file chapter 13 now then file chapter 7 Oct 23,2010?Can I do that?Or do I have any other option?Thank you

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Attorney answers 1


Revisions to the bankruptcy law since your former case require that there be no 'presumption of abuse' and this is determined not only by the new "means test" but also by other overall circumstances including disposable income, which is generally the difference between your Schedule I income and Schedule J expenses. However, whether your strategy would work depends not only on the totality of circumstances in your case but also on your overall financial situation including all income, assets and liabilities. Without all of this information, no attorney can give a good, informed roadmap.

Do yourself a favor and retain experienced bankruptcy counsel in your jurisdiction to figure out what is best for you.

I wish you the best.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.