Legal Question in Bankruptcy in Virginia
Bankruptcy limits
What are the filing limits in years for a person that has filed Chapter 7? How long before that person can file a Chapter 13? The person in question filed Chapter 7 in 1997. I was awarded a judgment against them in Oct 1998. Can they file a Chapter 13 to void that judgment?
Asked on 8/15/99, 9:17 pm
1 Answer from Attorneys
Daniel Press
Chung & Press, P.C.
Re: Bankruptcy limits
There is no minimum time limit after another bankruptcy before a Chap. 13 can be filed. There is a requirement of good faith, which can result in denial of confirmation and dismissal of serial filings if the Court finds bad faith. If you have a judgment, you may be a secured creditor entitled to payment in full of the value of the judgment lien, and even if unsecured you should get something.
Answered on 8/19/99, 6:34 pm
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