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When can you file a chapter 7 bankruptcy again if you filed a chapter 7 in 2003?
Wiki User
∙ 14y ago
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.
Wiki User
∙ 8y ago
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When can you file bankruptcy for the 2nd time filed in 2002 or 2003 not sure?
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.
If you filed chapter 7 bancruptcy in 2005 and a judgment from 2003 still shows on your credit report how do you get it removed?
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.
If bankruptcy was filed in may 2003 when can it be filed again?
Presuming it was C-11 (and if it was C-7 then the Co actually stopped back then), YES
Your husband and you had a ch 13 in 1999 and converted into ch 7 in 2002 discharged in 2003 you need to file ch 7 again in Ca when can you refile Help?
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.
If you filed chapter 7 bankruptcy in 2003 and you and your spouse are about to lose your home can you file bankruptcy together?
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!
Just got married have to file bankruptcy but my wife filed in 2003 can i still file with her?
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).
If you filed Chapter 7 six years ago and it was dismissed but the credit bureaus will not take it off how do you get it removed?
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.
You filed a chapter 7 in January 2003 can you file another chapter 7 at this time. I am now married and my husband had a brain injury in 807 and has not been able to work and I was laid off in 508?
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.
Can a landscaper get sued for a job he did before he filed bankruptcy in 2005 the job was building a retaining wall that has no guarantee or warranty and was completed in 2003?
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.
If you filed for bankruptcy in 2003 while still single can your husband file for bankruptcy now without being affected by the prior bankruptcy?
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!
How can I obtain copies of my 2003 Ch 7 bankruptcy papers. I'm mainly looking to get copies of the list of creditors. Any help is greatly appreciated?
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.
Can you refinance your mortgage if you're in Chapter 13 but have not filed income taxes since 2003?
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.
