Legal Question in Bankruptcy in California

bankrupcy

i filed chapter 7 10 yrs ago and 13 5yrs ago, if i am financially struggling,under new laws can i file again?


Asked on 3/03/07, 11:08 pm

1 Answer from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: bankrupcy

If you received a discharge in your Chapter 13 case, then you would normally need to wait 6 years from the date of the discharge to file a Chapter 7 unless the following conditions apply:

1. Your Chapter 13 paid 100 percent of the allowed unsecured claims in the case; or

2. Your Chapter 13 paid 70 percent of the allowed claims, the plan was proposed in good faith and was your best effort.

If you did not receive a discharge in your Chapter 13, then you are eligible for a Chapter 7 now if you meet the other criteria under the new law. You can also file a Chapter 13 now.

Please feel free contact my office for a complimentary consultation regairding your matter.

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Answered on 3/03/07, 11:43 pm


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