Anyone file for second time?

[Confused14]

Has anyone filed for chapter 7 twice (or know someone who has) and received a discharge both times??? If anyone has any experience with this, could you please give as much info as possible? I know the second time around they really scrutinize you and all, but I was wondering what the chances are that a discharge would be granted for a second time. Thanks.

[jessegirl]

You are allowed to file bankruptcy after a certain amount of years have gone by. They cannot deny you because you already filed. Unless you file to early or other circumstances. My friend has filed 2 times already, once about 15 years ago. She already had her 341 and is waiting for the discharge to go thru.

Have you seen an attorney yet?

[Confused14]

Yes I have actually. We filed 8/13/08, but on my pacer account it says, REPEAT and PRVDISCH, so I'm a bit worried I won't get a discharge. Believe me, I wish I didn't have to do this again, but trusting the wrong people and being lied to got me in trouble. I was just wondering what the odds were for getting a second discharge for those who have had to file twice. Thanks for the info.

[jessegirl]

If the attorney let you file then he must feel that you should have no problem. Did you tell your attorney about the 1st bankruptcy?

[Confused14]

Oh I most certainly told him about having previously filed. I guess you're right. After telling him I filed before and telling him about the situation I'm in, if he didn't think I could do it, he would tell me, at least I'd hope that's what he'd do! He said he was most worried abuot the US trustee and what they would do and/or show up at the meeting. I'm so nervous about the 341 meeting though, I think I'm going to either cry or throw up.

[hnhlvr]

Someone I know filed twice and was discharged both times. Once was after a divorce so probably the court looked at that as part of her reason.

[jessegirl]

Most people say they are not that bad. I am really very nervous to. Its a shame that this but whole process makes me really scared. My hubby makes very good money and we are over the median, but with our deductions my attorney was able to get us under. But, I m really nervous if the trustee says. "Your hubby makes good money. why are you in debt? What did you do with all the stufff you charged up?" I don't have anything to show for it. Nothing big, clothes, housewares, food shoping etc. It took us 7 years to incur all that debt. I am so scared of the questions they will ask. How could i have charged up all that debt in 7 years? Makes me sick....I am think that we will also have a US trustee there besides a regular trustee. I hope I don't get stomach cramps, if ya know what i mean....LOL

[b_girl]

I have previously filed and was discharged 9 years ago. A friend of mine also filed and was discharged twice. The trustee didn't even ask me why. My attorney doesn't see any problems with us obtaining a discharge on time.

Don't feel bad about having to declare twice. I know it's hard not to, because filing one time is traumatic, much less twice. But unfortunately, bad things do happen to people. I had to file before due to divorce and this time due to bad health. My friend also filed due to divorce and a medical emergency. Thank goodness for the ability to file bankruptcy! But never ever again.

[Confused14]

Believe me I know how you feel. I fall under the median, being a single parent with 2 kids, and no other income besides my full time job. My problem is the fact that I already had a discharge 8 years ago due to my ex-husband, during which time I was in the middle of a divorce. This time, a friend of an ex-friend asked me as a favor to put a house in my name for them and screwed me over with it. Property foreclosed last year and I got stuck with the outstanding mortgages, which are in collections and total about $150K. I'm so nervous about the meeting and what they'll ask and who'll be there. I am hoping the US trustee doesn't show up nor any creditors.

[rfassett]

I will echo the sentiments of some of the previous posts. If you have no disqualifying points to your petition (and the attorney certainly should know if you do) then I would say your chances of a clean discharge are about as good as they get. The rules are what they are. If it has been eight years since your last one, then that has nothing to do with this one. In my opinion, you have nothing to be concerned about, no matter who shows up to the 341.

[Confused14]

I wish I could be as positive as you! It's just that I have the worst luck in the world, anything and everything happens to me. I worry that they will scrutinize me and be hard on me since I filed before. I dont want them to think I'm trying to abuse the system, cause I'm not. If that incident didn't happen with that no good friend, I would not be filing. I'm just really worried.

[Stilltheone]

This was our first (AND LAST) time filing, but I know a neighbor who filed at least twice. He did it simply because he didn't want to pay the debt back and got in over his head. Every 7 years, almost down to the day I think, he filed.

I agree...if your lawyer didn't think you'd have problems, then go with that. Good luck to you!

[dragonnfly]

We filed in 1992 also on $13,000 (at the time it was a million to us) . The only time we ever heard about the previous filing was at our 341 when they ask you if you filed previously and that was only to make sure we were with in the 8 or 7 years. Doesn't really matter to the court. Dragonnfly

[Help!]

I wish I could be as positive as you! It's just that I have the worst luck in the world, anything and everything happens to me. I worry that they will scrutinize me and be hard on me since I filed before. I dont want them to think I'm trying to abuse the system, cause I'm not. If that incident didn't happen with that no good friend, I would not be filing. I'm just really worried.

There is nothing to fear. Many here (including myself) have been scrutinized, but as rfassett has said, the rules are the rules. If you know you're not abusing the system and you're honest, you'll eventually prevail no matter what happens in your case. Try not to let worry consume you in the next few weeks (easier said than done, I know, but try). Take one day at a time and know that each day is bringing you one small step closer to the end!

[momof2furbies]

This was our first (AND LAST) time filing, but I know a neighbor who filed at least twice. He did it simply because he didn't want to pay the debt back and got in over his head. Every 7 years, almost down to the day I think, he filed.

I agree...if your lawyer didn't think you'd have problems, then go with that. Good luck to you!

Well you HOPE it's the last time you file, right? We filed in 1994 when I was pregnant with our daughter (talk about wanting to throw up in the 341 meeting) and just this year. In fact, today is the 60 day mark from our 341 - so I feel sick again. Really though, we too were very close to the income limits and had to fudge some of the numbers, but hopefully it will all work out.