Legal Question in Bankruptcy in Maryland

Applicability

My husband and i filed bankruptcy in 1996. We are now finding ourselves near financial ruin again, due to poor planning and missing time from work due to illness. Am i elligable to file bankruptcy again? If not, then when would i be elligable?


Asked on 2/27/02, 8:04 am

2 Answers from Attorneys
Joseph Trevino Law Offices of Joseph A. Trevino

Re: Applicability

Yes, you are. Debtors are required to not have been in B/R porceeding during the prior 6 years before filing again, and you are surely there. call us for assistance. Joe Trevino, 301-441-3131

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Answered on 2/27/02, 9:58 am
Daniel Press Chung & Press, P.C.

Re: Applicability

Mr. Trevino is correct that (assuming the case to be filed is a Chapter 7) it is 6 years that you must wait, namely 6 years between the commencement of the prior case and filing the new case in order to receive a discharge (you need not wait 6 years from when you were "out of" bankruptcy - it's from filing to filing). But depending on when you filed in '96, you may not be there yet. Also, note that you can file a Chapter 13 at any time w/o a waiting period, and if the former case was a 13, you can file a subsequent 7 without a waiting period if you paid a sufficient percentage of your unsecured creditors through your plan.

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Answered on 2/27/02, 10:34 am


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