Legal Question in Bankruptcy in Minnesota

Can I file Chapter 13 after filing Chapter 7 four years ago


My husband and I filed Chapter 7 and it was discharged on

May 28, 2002, we both have filed individually prior to this. I have had medical issues that cause me to be off work, which has caused us to have to file bankruptcy. These absences from work are not paid, but I do use FMLA which has protected my job so I am still employed at the company, now for 8 years, my husband is employed at his job for 9 years. We are in financial distress again, and I am wondering what could be done to help our situation. Can a Chapter 13 be done at this point, or are there other suggestions for our situation.

Thank you in advance for your help.

Asked on 6/01/06, 2:09 pm

1 Answer from Attorneys

David Kelly-952-544-6356 Kelly Law Office

Re: Can I file Chapter 13 after filing Chapter 7 four years ago

Under the new bankruptcy law you can't do another Chapter 7 for eight years. That would be May of 2010.

However, you would be eligible for a Chapter 13, and we are doing more with 13s than we used to. It might help more than you would expect.

One other possibility. If you are in that bad of a financial situation, there is a chance that you are too poor to worry about filing bankruptcy. Usually bankruptcy is for someone who still has something to lose, something to protect. Let's say you don't file; what would your creditors be able to take away from you? If the answer is not much, maybe all you need is an answering machine to screen your calls.

One other thing: at my page located at, I have a list of credit counseling places that have been approved by the bankruptcy court - so you know they are reputable. Maybe you should contact one of them.

Good luck.

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Answered on 6/01/06, 5:45 pm

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