Question Time between BK's?

[sassiebaz]

If I filed chapter 7 eight years ago and want to file again, is the rule eight years from last filing or discharge date, in order to be eligible again. Assuming I am eligible to file a chapter 7? Does anyone know the answer to this? Two law firms gave me two different answers.

[AngelinaCatHub]

If I filed chapter 7 eight years ago and want to file again, is the rule eight years from last filing or discharge date, in order to be eligible again. Assuming I am eligible to file a chapter 7? Does anyone know the answer to this? Two law firms gave me two different answers.

http://wiki.answers.com/Q/How_many_years_in_between_filing_chapter_7_bankruptcy_can_i_file_again

A little question: Why again?

[despritfreya]

It is 8 years from the petition date - date you filed (not the discharge date). Do not go to the Firm that told you otherwise. This is basic info that every bk attny should know.

see: 11 USC 727(a)(8)

Des.

[sassiebaz]

Thanks! We filed ch7 in May of 2003. So when seeking advice from my current law office (filed ch13 May of 2009) we decided to let our case get dismissed so we could then file BK in May of 2011. Decided to get a consult from another law office and this woman swore up and down that I was given bad legal advice and that I had to wait until Sept. of 2011 to file ch7 again. I called up my lawyer and posed the question. They assured me I can file and even said they would cut me a break on the fee's if I wanted to use them again. I guess there's my answer! Thanks for your quick response!

[sassiebaz]

http://wiki.answers.com/Q/How_many_y...n_i_file_again

A little question: Why again?

See, this again is the same issue, your response is 8 years from discharge, but the post after yours says 8 years from filing...Oye Ve

[sassiebaz]

It is 8 years from the petition date - date you filed (not the discharge date). Do not go to the Firm that told you otherwise. This is basic info that every bk attny should know.

see: 11 USC 727(a)(8)

Des.

Ok, maybe I should read things entirely before I respond??? Lol
This is the same code or section (dont know whats its called) that my lawyer gave me.

[despritfreya]

Decided to get a consult from another law office and this woman swore up and down that I was given bad legal advice and that I had to wait until Sept. of 2011 to file ch7 again.

I am going to take a wild guess as to why this attorney gave you such advice. Did you by any chance either just have your case dismissed (this month) or have it dismissed in August or September, 2010.

If you just had it dismissed this month, under certain circumstances you would have to wait 6 months to file a new case (11 USC 109). That would bring you to August, 2011.

If you dismissed your case this past August or September a 1 year rule applies as to the effect of the automatic stay but this rule is easily dealt with. (11 USC 362(c)(3))

Des.

[sassiebaz]

I am going to take a wild guess as to why this attorney gave you such advice. Did you by any chance either just have your case dismissed (this month) or have it dismissed in August or September, 2010.

If you just had it dismissed this month, under certain circumstances you would have to wait 6 months to file a new case (11 USC 109). That would bring you to August, 2011.

If you dismissed your case this past August or September a 1 year rule applies as to the effect of the automatic stay but this rule is easily dealt with. (11 USC 362(c)(3))

Des.

We just had our case dismissed this week. But, that didn't seem to play a part in the information I recieved. I was told if our case was dismissed due to something other than non-payment, or us asking for a dismissal, then yeah we would have to wait. But, she made it clear that there would be no reason we would have to wait, other than the 8 year mark of our last ch7. Ugh, Im just even more confused now!

[despritfreya]

Ugh, Im just even more confused now!

Don't be more confused. The two rules I referred to are non issues since they can easily be circumvented. I was only mentioning them as they would be a basis for an attorney to tell you that you had to wait til September, especially if that attorney did not know how to get around them.

Des.

[sassiebaz]

Ok, in the meantime the attorney's office I spoke with yesterday called me. I gave her the section codes and all that jazz. She called me back and said that it can be confusing and it all depends on interpretation but, that I AM eligible to file chapter 7 in May! Yay! Im SO relieved.

[scorpion35]

serial filer aren't u?

[sassiebaz]

serial filer aren't u?

While I detect you're just trying to make pot-shots, and I don't really have to adress your question, I will anyways. When we filed in 2003 it was at the suggestion of my employer, a mortgage broker. We never had credit cards or even car loans. Our bad credit was from broken leases and medical bills from when we were young and dumb! He said the only way to clean up our credit was to file. I believe total we had like $10K between the two of us. So, we filed and it was after that that we started making great money and opened up alot of credit. Then, the housing slump, and our big paychecks went bye-bye. So, the only option we had was to file a 13 and ride that out until we were eligible for a chapter 7. and ya know what? I could care less what anyone thinks! We gotta do what we gotta do AND it's our right!!!

[sassiebaz]

serial filer aren't u?

You just LOVE those one-liners dont you?

[sassiebaz]

While I detect you're just trying to make pot-shots, and I don't really have to adress your question, I will anyways. When we filed in 2003 it was at the suggestion of my employer, a mortgage broker. We never had credit cards or even car loans. Our bad credit was from broken leases and medical bills from when we were young and dumb! He said the only way to clean up our credit was to file. I believe total we had like $10K between the two of us. So, we filed and it was after that that we started making great money and opened up alot of credit. Then, the housing slump, and our big paychecks went bye-bye. So, the only option we had was to file a 13 and ride that out until we were eligible for a chapter 7. and ya know what? I could care less what anyone thinks! We gotta do what we gotta do AND it's our right!!!

One thing I will say, is that when we filed the first time, we really didn't learn anything! I am much more informed now about credit, debt, and alot of other things. This has been a learning and humbling experience.

[helpmeout]

serial filer aren't u?

Another ignorant statement from you. Why am I not surprised?

Why on earth are you in this forum at all? You clearly have issues with people filing for BK unless they do so for reasons you approve of and only on debt that you think should be discharged.