Legal Question in Bankruptcy in Kentucky

I have fallen victim to an internet scam, i feel foolish having to ask these questions, i let someone talk me into using my personal info to open an online store and they give me a list of answers to use,after all this was done the store stayed open about 5 weeks ,i then recieved a letter called a chargeback, i emailed this person known as store [email protected] and told him to get my name and all my info off of anything it was on or i would have charges filed on him, never heard from him again but i have about 20 letters from a place called ipayment sending me letters and now charging interest on all of it,my husband and i filed bankrupcy in 07 chapter 11, would i be elidgiable to file under 7 or 13,i am expecting something from them anytime and i want to be prepared.


Asked on 7/20/11, 12:12 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

You can file either a 7 or a 13 BUT you would not be able to receive a discharge in a Chapter 7 until 8 years from the petition date of the Chapter 11 has passed or in a Chapter 13 until 4 years from the petition date has passed. So, if the Chapter 11 was filed prior to July 20th, 2007, then you would not be precluded from a discharge in a Chapter 13 filed today or going forward from today.

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Answered on 7/20/11, 12:39 pm


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