Legal Question in Bankruptcy in Florida

I have recently surmounted some new credit debt, that i cannot any longer make payments on. Back in 2004, I filed bankruptcy for chapter 7. Can I reopen the bankruptcy, include my new debt as well?

Asked on 7/30/13, 12:40 pm

1 Answer from Attorneys

R. Jason de Groot R. Jason de Groot, P.A.

No, you cannot reopen an old bankruptcy case. What you do is file a new one. You cannot file if the discharge was less than about 7 years prior. But in you case, it was about 9 years ago, so you have to file another BKR. The law changed in 2005 to make it a bit more difficult to file a chapter 7. You now have to take a means test to see if you qualify to be able to file a chapter 7 or must file a chapter 13.

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Answered on 7/30/13, 12:49 pm

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