Legal Question in Bankruptcy in Kentucky

If we can file bankubtcy again?

My husband and I filled bankruptcy back in 2001. Now we our considering filling again on our mortage. We have had it for sale for 3 yrs and have not been able to sale it. We no longer live there,and it is getting harder to pay the mortgage and pay our rent. I am just wondering if we can file after 7 years are do we have to wait for 8 years since we filled before the new law took effect.


Asked on 1/08/08, 1:46 pm

1 Answer from Attorneys
E. Brian Davis Davis Law Office

Re: If we can file bankruptcy again?

Unfortunately, you have to wait eight years before you can file a Chapter 7 bankruptcy (assuming you filed a Chapter 7 bankruptcy and received a discharge).

The rules are different for a Chapter 13. If you are otherwise qualified to file a Chapter 13 (in which you pay back part of what you over a period of three to five years), then you are most likely eligible to file it now.

Consult with an experienced consumer bankruptcy attorney who will need more specific information to give you a complete answer.

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Answered on 1/22/08, 11:29 am


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