For another Chapter 7...
6 years from the date of filing. The date of discharge does not matter.
If you want to file a Chapter 13, you can do that immediately after the 7 discharge.
Under the law in effect prior to October 2006, you could file chapter 7 once every 7 years. The law since then requires 8 years between filings (and some court use the discharge date, not the filing date).
2011
Bankruptcy is ALWAYS a Federal case. Your State makes little difference.Under the new bankruptcy law effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
Here is the question, was the judgment placed under the bankruptcy? If so, you can dispute the items as part of the bankruptcy. If not, it is a separate entry and has the right to stand on it own.
Presuming it was C-11 (and if it was C-7 then the Co actually stopped back then), YES
Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
Yes you can file bankruptcy. You cannot file another Chapter 7 again since you can't file it within 8 years of the previous Chapter 7, but you can file Chapter 13 since it is not subject to the 8 year rule. Also, Chapter 13 is the chapter many people use in foreclosure situations since it is designed to help people stop foreclosures and get back on track with mortgage payments. Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!
You might be able to file bankruptcy individually, but the bankruptcy trustee will scrutinize joint assets and income to determine whether they must be included in your individual filing. Therefor, there may be more reasons that the bankruptcy trustee would determine as cause to dismiss your bankruptcy claim. Note that if rejection of your bankruptcy claim is upheld by the bankruptcy court, actually your have only lost your time and expenses to file that particular bankruptcy claim. An excellent book for detailed perspective on filing chapter 7 or chapter 13 bankruptcy: "The New Bankruptcy, will it work for You?" 3rd edition (published in 2009 by Nolo), by Stephen Elias. I found this book in the Colorado Springs public library under 346.078 E42N (Dewey decimal).
A CHAPTER 7 BANKRUPTCY TAKES 10 YEARS BEFORE THIS IS REMOVED OFF OF YOUR CREDIT REPORT. THE GOOD NEWS THIS DOES NOT AFFECT YOUR CREDIT ANY LONGER! *********************I filed Chapter 7 in 2003 and depending on what your state court's definition of "dismissed" is it CAN affect your credit. For instance, some courts definition of "dismissed" is the same as "discharged." In Ohio it is "discharged" and I no longer owe any debt, however it DID IN FACT AFFECT MY CREDIT. I can NO LONGER get any. I received denial letters stating the reason for being denied, "Bankruptcy." So do your homework according to your state.
I filed for chapter 7 in January 2003. Married in 2006, my husband had received a brain injury in August 2007 and has not worked since but was given many credit cards which total over 25,000.00 I was laid off in May 2008 due to a buy-out and can not pay these credit cards any longer. Can we file chapter 7 at this time. Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago. The circunstances are irrelevant, BK is always done only as a last resort after unfortunate things.
The property owner of the wall can file suit if they wish to but if you have filed for bankruptcy in the meantime, they have no choice but to add their claim to everyone else's. If no warranty or guarantee was given on the work, the chance of them collecting is slim.
Yes. If one spouse filed an individual bankruptcy case in 2003, then the other spouse can normally file at any time thereafter since they were not a party to their spouse's former case.Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts and law, which I do not warrant, and I am not suggesting any course of action or inaction to any person. Speak to a lawyer for specific advice. If you have any questions, please refer to a lawyer in your jurisdiction. Thanks!
If the bankruptcy court where you filed your case has sent your file to the archives, then you will have to request them from the archives. Call the bankruptcy court, they will send you a form to order your bankruptcy case file from the archives. Takes less than 3 weeks and costs under $20.
You have to receive approval to change your 'plan' from the Bankruptcy court. Usually, if they approve; and , you can find a lender willing to refinance while you are in BK, this means the money you save is then used to pay more to your debtors. if that is what you want to do. Usually, lenders want to see you pay the plan to it's end and then refinance.