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?


Asked on 8/26/02, 10:41 am

3 Answers from Attorneys

Thomas DeCaro DeCaro & Howell PC

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.

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Answered on 8/26/02, 12:04 pm
Carolyn Gilden Krohn Law Offices of Carolyn Gilden Krohn

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.

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Answered on 8/26/02, 12:51 pm
Tommy Andrews, Jr. Tommy Andrews, Jr., PC

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.

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Answered on 8/26/02, 1:20 pm


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