Legal Question in Bankruptcy in California

My husband & I filed BK in 2003. We rebuilt our credit and were doing fine paying the bills until a few months ago. Now we are no longer able to pay. Can we file bk again?

Asked on 6/21/11, 10:24 am

5 Answers from Attorneys

Asaph Abrams Law Office of Asaph Abrams

After receiving a prior chapter 7 discharge, you can file another chapter 7 as of 8 years after the filing date of your prior chapter 7. You need to check the exact date of filing.

Read more
Answered on 6/21/11, 10:36 am
Roy Hoffman Law Offices of Roy A. Hoffman

Depending upon your situation, you may want to consider a Chapter 13 as well.

Read more
Answered on 6/21/11, 11:11 am
Phyllis Voisenat Phyllis Voisenat, Esq.

The bankruptcy code was overhauled since you last filed. Some changes were fueled by bankruptcy abuse, such as multiple filings. You don't say which type of bankruptcy you filed, but ultimately you don't have the final decision. The bankruptcy law requires that you complete a "means test". This will determine whether you can file a Chapter 7 based on your income, or whether you will be placed in a Chapter 13. Also, the law now requires you take pre-bankruptcy counseling by approved credit counselors. A local bankruptcy attorney can evaluate your chances of refiling and confirm the dates and Chapter you filed previously . A Chapter 13 may be indicated, if you don't qualify for Chapter 7.

Read more
Answered on 6/22/11, 7:28 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You can file a Chapter 7, if you are eligible, anytime after 8 years from the filing of the prior Chapter 7. You may also be eligible for Chapter 13.

Read more
Answered on 6/22/11, 9:46 pm

Related Questions & Answers

More Bankruptcy Law questions and answers in California