Posted on: 10th Nov, 2009 05:10 am
i filed chapter 13 bankruptcy in 1993 when i lost my job. i filed chapter 7 bankruptcy in 2003 due to divorce. i now find myself in debt again, $40k unsecured debt, and i'm about to lose my home to foreclosure. i still have my job and make $80k per year, but struggle every month to pay all my bills. am i eligible to file for bankruptcy a 3rd time if necessary?
hi,
you can surely file bankruptcy for a third time, provided you can prove to the court that you are filing bankruptcy for genuine reasons and in good faith. you need to wait for 8 years to again file chapter 7 bankruptcy after a discharge from a previous chapter 7 bankruptcy. since you were discharged from the previous bankruptcy in 2003, you will have to wait till 2011 to again file chapter 7 bankruptcy. however, you will be able to file chapter 13 bankruptcy, if you want.
you can surely file bankruptcy for a third time, provided you can prove to the court that you are filing bankruptcy for genuine reasons and in good faith. you need to wait for 8 years to again file chapter 7 bankruptcy after a discharge from a previous chapter 7 bankruptcy. since you were discharged from the previous bankruptcy in 2003, you will have to wait till 2011 to again file chapter 7 bankruptcy. however, you will be able to file chapter 13 bankruptcy, if you want.
>>Am I eligible to file for bankruptcy a 3rd time if necessary?
Yes, and you can file now. Your previous bankruptcy's fell under the old bankruptcy laws, so you can file for chapter 7 or 13.
Yes, and you can file now. Your previous bankruptcy's fell under the old bankruptcy laws, so you can file for chapter 7 or 13.