Multiple bankruptcy

[pambysue]

I was discussing my situation with a co-worker, and told her that I am filing chapter 7 bk in December. She had told me that she is having financial issues too, due to all of our lost overtime and was considering filing bk too. However, she had a chapter 13 in 2000 that was discharged in 2003 and didnt know if she could file chapter 7 now. I told her about this site and how much it has helped me with all of my questions and she asked me if I could find any information to help her, as she doesnt have internet access at home.
She would like to know, if she filed in 2000 and was discharged in 2003, can she file chapter 7 this year? Or does she need to wait a couple of years before she is allowed to do this?
And what obstacles might she encounter?

[CATCHMEIFYOUCAN]

usdoj.gov

this site has plenty of answers:

https://www.usdoj.gov/ust

additional link since i do not know which state she is filing in:

http://www.uscourts.gov/courtlinks/

[lrprn]

I
She would like to know, if she filed in 2000 and was discharged in 2003, can she file chapter 7 this year? Or does she need to wait a couple of years before she is allowed to do this?
And what obstacles might she encounter?

You can file Ch 7 again six years after filing Ch 7 with a successful discharge. The date is taken from the filing date, not the discharge date, so depending on when she filed, looks like she could file Ch 7 again in 2006.

If she's making enough that she's forced into a Ch 13, that can be filed four years after filing a Ch 7 with a successful discharge.

Your friend needs to meet with 3-4 bankruptcy lawyers (most allow free consultations) to find out if bankruptcy is the best option in her situation. And since she's ended up in financial trouble again so soon after filing the last time, if the causes are within her control, it's time for her to make adjustments in her lifestyle and spending patterns to live within what she makes. The trustees and bk judges don't like to see a "three-peat".

Let us know what your friend decides to do, pambysue.

[pambysue]

thanks for the info. i will pass it on to my co-worker. actually, she filed chap 13 in 2000, not chap 7. So she should be ok to file chap 7 now or the beginning of next year? wouldnt they frown on that as a 'serial' filer?

[Grace]

Your co-worker needs to qualify for a Chapter 7. That means little to no disposable income and no assets to protect. If she filed 13 to protect a house for example and now wants to file a 7, she could lose the house. I would definitely think the court would be interested in knowing how someone only 3 years out of a chapter 13 could now be totally financially destitute so soon again.

[SinkingFast]

Your co-worker needs to qualify for a Chapter 7. That means little to no disposable income and no assets to protect. If she filed 13 to protect a house for example and now wants to file a 7, she could lose the house. I would definitely think the court would be interested in knowing how someone only 3 years out of a chapter 13 could now be totally financially destitute so soon again.

Nope, the Court won't.

A guy ahead of us at our 341 filed Ch 7, 10 years ago. The day he was at our 341, he was converting from Ch 13 to another Ch 7.

That's 3 BK's in 10 years and the Trustee did not seem to care.