Legal Question in Bankruptcy in Indiana

filing

i filed bankruptcy in the year 1999 can i file again i now have a part time job and my retirement from my past job and my health makes it hard to even work that job sometimes it pays mimnumim wage it makes it hard to make ends meet at times i have alot of medical bills and a car that was repossed that im still paying for


Asked on 9/01/05, 4:24 pm

2 Answers from Attorneys

C. David DuMond Law Offices of David DuMond

Re: filing

You can file another Chapter 7 case six years after the date of the discharge in your last Chapter 7 case. The discharge date is usually about four months after your filing date. You need to look at your records or look up your records at the courthouse to be sure. If you have decided to file another bankruptcy, I suggest you stop paying dead debts (like the repossessed car) until the time comes to file a new Chapter 7, because if you did last file in 1999, then your discharge date must have been six years ago or close to it. From your question, it looks like you won't have any trouble qualifying under the new bankruptcy code, which comes into effect October 1. It will be a little more expensive and more trouble for the debtors, so if you qualify, you might want to file before September 30. Good luck.

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Answered on 9/01/05, 4:42 pm
E. Brian Davis Davis Law Office

Re: filing

Under currently existing law, which will change effective October 17 of this year, you have to wait six years before filing a new Chapter 7 bankruptcy. You will need to locate the exact dates of your earlier bankruptcy to be sure.

If you are eligible to re-file before the effective date of the new bankruptcy law (October 17), you will probably want to consult counsel right away, because filing under the new law will be more expensive and your responsibilities will increase.

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Answered on 9/01/05, 4:53 pm


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