Legal Question in Bankruptcy in Maryland
Prior Bankruptcy
I have a prior bankruptcy that is over seven years old. There is a good possibility that I may have to file again. Will I be able to ? When are the proposed bankruptcy law changes, schedule to take effect?
3 Answers from Attorneys
Re: Prior Bankruptcy
You can file again now. The proposed law has
not taken effect and you want to file before
it does. It will take effect when it passes
Congress and is signed by the President. This
could happen at any time.
Re: Prior Bankruptcy
Yes, after the expiration of seven years you can file again. However, consecutive bankruptcy filings are frowned upon. It is possible that the Trustee assigned to your case will inquire further into the circumstances that necessitated your second filing. In extreme circumstances, they can request a dismissal of the bankruptcy, if they feel that the system has been abused. That is unlikely to happen; however, you should be aware of this.
With respect to the Bankruptcy Reform Act: many believe that it will receive final approval in September of 2002, but no one really knows for sure.
Re: Prior Bankruptcy
Yes, you probably are eligable to file again. You should file sooner than later before the laws change which will likely happen after congress gets back from vacation. I would like to discuss this matter with you in more detail.