Legal Question in Bankruptcy in Maine

Re: bankrupcy discharage

The state in which you live doesn't particularly matter in whether you can file for bankruptcy protection again.

The answer to your question is probably yes, but there are factors that you did not disclose that could change that. Consult with an attorney who practices bankruptcy law in Maine to make sure (I'm in NY).

Also, be aware that the law governing bankruptcy changed dramatically with the Bankruptcy Abuse Prevention Act in 2005; if you file now in 2008, it will be an entirely different kettle of fish than was your 1997 case.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: bankrupcy discharage

There is no reason based on the prior 1997 case that you cannot file again and obtain a discharge. There is a requirement that a discharge cannot be granted in a chapter 7 case filed within 8 years of filing the prior case, but you are well beyond that. (If either the prior case or the new case were/are under another chapter, the waiting period may be less, but in no event longer).

There may be other reasons that you could not file and obtain a chaptter 7 discharge, but not related to the prior filing.