Legal Question in Bankruptcy in Virginia

Can I file chapter 7 twice in 7 years

When I was married in 1995 my husband and I filed Chapter 7. I have been told I cannot file again until 2002. Unfortunately when my son and I went on our own I fell behind on a credit card, phone and excessive medical bills. I go to court 10/10 to be garnished. Since I am no longer married could I file single bankruptcy before next year?? Otherwise I will not be able to afford every day bills. I need a chance to start over on my own. Thanks.


Asked on 9/25/01, 6:28 am

3 Answers from Attorneys

Randy Masters The Law Office of Randy Masters

Re: Can I file chapter 7 twice in 7 years

You have recieved some misinformation. You can file bankruptcy once every 6 years (the 6 years begins from the date of filing of your last bankruptcy case). The marital status does not matter. Even if someone is still within the six-year period, she could file a Chapter 13 bankruptcy. But it sounds like six years has passed in your case; if this is true then you can file for Chapter 7 bankruptcy right now to stop this garnishment.

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Answered on 11/06/01, 5:33 pm
Daniel Press Chung & Press, P.C.

Re: Can I file chapter 7 twice in 7 years

You can file and obtain a chapter 7 discharge any time over 6 years from your prior filing date. Contact an experienced bankruptcy lawyer for details.

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Answered on 11/06/01, 5:45 pm
Tommy Andrews, Jr. Tommy Andrews, Jr., PC

Re: Can I file chapter 7 twice in 7 years

You can file anther chapter 7 after just 6 years from the date of discharge of the first case. If you would like to discuss the matter in more detail. You can call me (703) 597 3171

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Answered on 11/08/01, 12:00 am


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