Legal Question in Bankruptcy in Indiana

Debt Incurred during the six years after first bankruptcy filed

If someone filed bankruptcy then incurred more debt the six years after the first one, can they file again for the new creditors? Or does filing six years after the first bankruptcy mean any new debt incurred after the six year mark?


Asked on 5/29/03, 4:12 pm

2 Answers from Attorneys

Eric Southward Southward & Haggard

Re: Debt Incurred during the six years after first bankruptcy filed

1) You can file a chapter 7 every six years.

2) ANY debt incurred after the date of filing any bankruptcy cannot be included in that particular filing. So after 6 years, yes, you can file a chapter 7 again. And yes, filing six years later would include any debt incurred after the first filing up to the day of the next filing six years later.

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Answered on 5/29/03, 4:17 pm
C. David DuMond Law Offices of David DuMond

Re: Debt Incurred during the six years after first bankruptcy filed

Here is an example of how I understand your question. Suppose someone filed bankruptcy on March 1, 1997 and their discharge was effective July 1, 1997. Then in August 1997, they got a new credit card. In September 1998 they got a student loan. And in September 2001 they got a new car loan. Now in June 2003 they are behind on the credit card, their student loan and their car loan. The question is: can they file bankruptcy today? Answer: since less than six years has expired since their discharge date (July 1997) they cannot file a Chapter 7; but they can file a Chapter 13. If they wait until July 2003, they can file a Chapter 7, and discharge the credit card and the car loan, but the student loans would probably not be dischargeable. Speak with an attorney in your area who is experienced with bankruptcy law. If you do not know an attorney then ask your county bar association for a referral. Good luck.

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Answered on 5/29/03, 5:10 pm


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