Legal Question in Bankruptcy in New York

Filing chapter 7

To Whom It May Concern:

About 13 years ago i divorced from my wife and she left me with all the bills. I had no way to pay them so I filed a Chapter 7 Bankruptcy to get a new start. The bankruptcy went fine. Three years ago my wife fell and was seriously injured and may have life long injuries. So now I am face again with after all these years of paying all the bills and all her medical. I cannot do it anymore on my salary alone.

My first question is if I file a bankruptcy for my wife and myself , do I have to tell the new bankruptcy attorney that I filed one over 13 years ago?

My second question is if my wife has a law suit pending for her accident, does that effect the chapter 7 filing and do we mention it to the attorney.

Your help would be much appreciated. Thank you

Steven


Asked on 8/25/03, 10:37 pm

3 Answers from Attorneys
Neil Colmenares The Law Office of Neil E. Colmenares, P.C.

Re: Filing chapter 7

Dear Steven:

To answer your first question, if you received a discharge under 6 years ago, you must state that in your new bankruptcy.

TO answer your second question, any lawsuits that you or your wife may have (assuming you both file) will be affected by the bankruptcy depending on the type of case and injuries sustained.

Should you have any questions, please do not hesitate to contact me to schedule an appointment at 718-888-3108.

Very truly yours,

Neil E. Colmenares, Esq.

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Answered on 8/26/03, 10:37 am
Eric Kochel The Law Office of Eric David Kochel, Esq., P.C.

Re: Filing chapter 7

You are permitted to file for bankruptcy (chapter 7) after 6 years following a previous filing. So, it is OK that you filed 13 years ago - it will not effect this bankruptcy. However, you must tell your attorney and list the previous filing on your current bankruptcy. As for the pending lawsuit - yes, you absolutely must tell your attorney and also report this on your current bankruptcy petition.

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Answered on 8/27/03, 3:58 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Filing chapter 7

I understand why you would want to file again. You are right to clear your mind of all distractions and make sure you are available for your wife in this difficult time for her. I hope her recovery goes well.

In addition, you must report the accident/lawsuit.

You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786

Regarding your question; yes - always tell your lawyer everything. In this case, the fact that you filed 13 years ago must be reported.

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Answered on 8/27/03, 10:59 pm


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