Debt and Bankruptcy
Bankruptcy Law

Can you declare bankruptcy now that your first bankruptcy is discharged?

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2011-06-21 20:30:33
2011-06-21 20:30:33

It depends on the chapter you filed under. If you filed under Chapter 7, you have to wait 8 years before filing again. If you filed under Chapter 13, you only have to wait four years.

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Related Questions


Your bankruptcy case has been completed and it is now finished! discharged!

Discharged Bankruptcy normally means that it was a successful bankruptcy and the debt slate is now clean. But if your bankruptcy has been dismissed by the court you can file to have it reinstated. An experienced bankruptcy attorney can help you file to reinstate your dismissed bankruptcy case. You must include the reason the case was dismissed, why it failed and how it will be better if the case is reinstated.

If you included it in your bankruptcy, you're protected by the discharge. If you didn't and you're already discharged from Chapter 7, you may not be protected. I suggest you discuss this with your bankruptcy lawyer.

I Have just been discharged from bankruptcy, does this legally mean that my possisions can not be touched and I am not liable anymore for the debt. I wont to know if my house is now safe ?

You should not get a 1099C if the deficiency was discharged in a bankruptcy. Otherwise, you should have gotten one by now.

Yes, as along as it is within a reasonalble time. Call the attorney that did your bankruptcy. Now if it is months after the fact--be advised that this will start the "time" the date if you please, again as far as creditors are concerned. So, if you were discharged a yr ago and want to reopen to add something...your bankruptcy will now has today's date as a discharge. It would have to be something very important--high balance before I would want to reopen my case. Good Luck

Hope you had a lawyer defending you against the judgment suit. You can use one now. Many, if not most judgments will not be discharged in BK.

5/30/09 If you want to lose your money, you have a better chance in Vegas. After GM declare bankruptcy the stockholders are the last to be paid, which mostly likely be nothing. Wait until after the bankruptcy.

I now declare you husband and wife. I declare that this plan be moved on the next day.

No worse than the B/K. Take the SUV back to the dealer, call the Lender and tell 'em where it is.

This is actually a question for your attorney but here is a direction. Ask your attorney if the home equity loan was included in your bankruptcy, did you complete all the payments you agreed to in the bankruptcy. I am guessing that if you filed for BK the bank probably did not let you use any unused portion of the line. Look into refinancing your home equity line of credit they are usually not fixed and can go up as much as once every 30 days. Right now the projections for the prime rate is to increase as much as 1/2 to 3/4 to 7.25 by the end of this year. If there is no equity in the home, then the lien is discharged in bankruptcy making it an insecured debt.

It depends on whether that creditor was listed on Schedule F at the time of the filing. The filing of Bankruptcy (BK) doesn't in itself wipe out the debt: that debt must be listed on the list of creditors. If a debt was discharged under BK then the creditor(s) on the list of discharged debts cannot take any action against the Debtor: IT'S GONE FOR GOOD! That's what BK is for-- to give a fresh start. If the creditor was such at the time of filing and the debtor forgot to include that creditor on the list, he may be able to later add it on and have that debt also discharged. Now, if the debtor has since incurred a debt after the BK was discharged then that creditor can take action against the debtor.

You need to start off by talking to your bankruptcy experts. They should be able to help.

No, bankruptcy laws are getting more strict to stop people from abusing it.

If the debt was truly unsecured and you properly listed the debt in the bankruptcy, then the debt has been discharge. If the creditor persists in violating the discharge order, the creditor could be held on contempt of court and held liable for fines and attorney's fees.

unless you opted to keep your car and continue to make payments, they should have repoed it already. in other words, if you still want to keep the car you can only if you keep paying for it.

I'm guessing what your saying: You went BK and reaffirmed the mortgage. The BK with the reaffirmation was discharged and you kept the home. Your now behind again and being foreclosed. Of course you can still sell the house - you still own it and your not now under any BK court restraint. To effect the sale, you have to pay off the mortgage (and any other liens) against the house in the closing.

It's doubtful if the BK will be allowed, especially since a hearing has been scheduled. The best option is to state the facts, and not attempt to 'play' on the sympathy of the court. Most judges do not have much patience with persons who have multiple BK filings.

Yes You Can. This Leaves A Mark On Your Credit Report, Plus Since You Did Not File; You Now Are Responsible For The Debt. NEVER EVER COSIGN++++++++++++ MONEY 101 * Probably not. If the debt was discharged in bankruptcy then it is not subject to collection procdures including a lawsuit. In some state filed BK's a cosigner has protection in this area if specific circumstances exist.

The statute of limitations on reporting chapter 7 bankruptcies for 10 years has been in place for many years prior to the Fair Credit Reporting Act being amended in 2003. A chapter 7 bankruptcy can be shown on your credit for 10 years from its date of discharge.

You can indeed file a chapter seven. However, new bankruptcy reforms will go into effect in October, and it will be much more difficult to file a chapter seven, total liquidation BK.

Unfortunately, Student loans can not be discharged. Here's how I know..... A person I know took out a student loan in the early 1980s. The school was exposed as a fraud, and closed. He was not given a "school out" to transfer the funds to another school for the same thing, Truck Driving. 7 years later, he had to file bankruptcy after a bad divorce, and the student loan refused to go away. Now, he can't get a loan from a reputable source or go back to school on another grant because, the original loan of 1800.00 is now at 10180.00. He looked into getting it discharged, and his lawyer told him to settle the account for the reduced amount of 5600.00

If what you mean is can back owed child support payments be discharged in bankruptcy: NO. Regardless of how old the child is now. on the other hand if you mean to be included in the repayment schedule for a chapter 13 then yes. Child support arrearages can sometimes be included in bankruptcy. This pertains to arrearages only and not to current support due. A bankruptcy petition cannot override a court order of support and if arrearages are allowed to be included in a 13 the arrearages must be paid in full, not a percentage thereof, as is possible with unsecured creditors.

It depends on what your credit score was before your filed bankruptcy. If your credit score was low before your filed bankruptcy, then after your bankruptcy is discharged, if you send a copy of your Schedules and Discharges records to all three credit bureaus; Trans Union, Experian and Equifax and ask them to zero out all the past due balances now that you do not owe them anymore then your credit score will more than likely be higher than before you filed. Also, your bankruptcy filing is picked up under the Public Records section of your credit report, however, after 12 months the scoring models do not pick up the bankruptcy anymore so it does not effect your score. It is visible on your report for 10 years after a chapter 7 and 7 years after a chapter 13, but not in your score. It is a good idea to open up an account after your bankruptcy discharges so your scores will continue to go up. If you open a credit card, just make sure you do not go over 30% of the limit, and pay it off every month. You can go to http://www.bankruptcy-records.us/Credit_Restoration.html for step by step instructions on how to handle your credit after a bankruptcy.


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