Legal Question in Bankruptcy in Maryland

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You cannot file for Chapter 7 bankruptcy if you received a Chapter 7 or Chapter 13 discharge within the previous six years (unless you paid off at least 70% of your unsecured debts in a Chapter 13 bankruptcy). On the other hand, you can file for Chapter 13 bankruptcy at any time.

Holthaus Law Office

(410) 799-9002

Re: times

The Bankruptcy Court/Trustee's Office is watchful of "seriel filers". The bankruptcy process is available for those who really need it - not those who abuse it. A chapter 7 can be filed after the expiration of six years. However, if one files more than twice after the expiration of six years, the debtor may well be flagged as a seriel filer. The same for a Chapter 13. While they can be filed almost any time (unless it has been previously involuntarily dismissed, in which case you must wait six months), if a person continually files them to stop auctions, or to stop other legal action, but then does not follow through with the 13, they may be labeled a seriel filer, as well.

All bankruptcy filings must be in good faith. If they are not filed in good faith the debtor risks dismissal or worse, even sanctions, for a bad-faith filing.

Carolyn G. Krohn