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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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โˆ™ 2011-06-21 20:30:33
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Q: Can you declare bankruptcy now that your first bankruptcy is discharged?
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Related questions

What does it mean to be discharged from a bankruptcy?

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

If you filed chapter 13 bankruptcy and it was discharged can you file chapter 7 bankruptcy now?


Can a discharged bankruptcy be reinstated?

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.

Chapter 7 discharged bankrupcya cousin is now trying to take you to court for money that you borrowed a year before you filed for bankruptcy are you protected under the bankruptcy?

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.

If you had a discharged chapter 7 bankruptcy 8 years ago can you convert your chapter 13 now?


You declared bankruptcy 5 years ago and you are now married can you and your wife declare bankruptcy?

Yes; however, you may be precluded from receiving a discharge.

What does discharge of bankruptcy mean?

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 ?

How long after your bankruptcy discharge will it take to get a 1099-C from a creditor our discharge was Dec 12 08?

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

Should you Buy GM stock now?

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.

If you can not pay a judgment against you is it better to file a bankruptcy?

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.

When a chapter 7 bankruptcy is discharged you realize that you thought something was included but was not can you add it after the fact?

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

If you have been discharged from ch 7 bankruptcy and now you do not want your SUV if you surrender it how will that look on your credit report?

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

Can someone file judgment on someone who filed bankruptcy and had it discharged 1 year ago?

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.

What is a sentence for declare?

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

What if you had file bankruptcy and you kept your home what do you have to do to get in the bankruptcy now?

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

I filed bankruptcy in July and included my car in the bankruptcy it discharged out of court in Oct its now December and they still havent picked up the car how long after that does the car become mine?

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.

Is a home equity loan discharged after bankruptcy?

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.

Is bankruptcy easier for consumers now?

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

If you filed for bankruptcy before the six year period and now you have a judge hearing coming up what are the reasons you can state in order for your bankruptcy to be discharged?

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.

Can an individual unsecured creditor not a credit card company get property such as a computer back if the bankruptcy was discharged and they were notified of it but are now making demands?

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.

Can the cosigner sue the primary borrower for the debt if it was included in bankruptcy?

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.

Can the obligated parent discharge child support arrearages in a bankruptcy once the child reaches the age of 18?

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.

What will your credit score be after bankruptcy is discharged?

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 for step by step instructions on how to handle your credit after a bankruptcy.

If you filed a chapter 13 and it was discharged about 1 year ago can you file a chapter 7 now?

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.

How do I have my Student Loans Discharged?

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