Legal Question in Bankruptcy in New Jersey

Went over there head again

About 8 years ago a friends of mine claimed bankruptcy now they are in dept again and needs to claim it again. Is this possible to do a second time?


Asked on 10/04/03, 6:46 pm

2 Answers from Attorneys
Stuart G. Brecher Law Offices of Stuart G. Brecher, LLC

Re: Went over their head again

Perhaps. It depends on what chapter of the bankruptcy code they previously filed under, what the disposition of that filing was, and the nature of their financial problems now. A debtor may not receive a discharge under chapter 7 if they file a petition within 6 years of having received a discharge in a prior bankruptcy.

Your friends should consult with an experienced bankruptcy lawyer. I can be reached at my Denville, NJ office at (973) 664-1090.

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Answered on 10/04/03, 7:47 pm
Rafael Gomez Rafael Gomez, Attorney at Law, P.C.

Re: Went over there head again

Yes. Usually, if previous case was granted discharge with no problems, your friend may file again. If you file a chptr. 7 within six years, of previous discharge date, your friend can't file again. He has to wait six years.

I would have to speak with him/her for more info. My number is 201-646-9799

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Answered on 10/05/03, 4:42 pm


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