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Can you file Bankruptcy more than once?

Discuss the legalities of Bankruptcy Law

Can you file Bankruptcy more than once?

Postby bearchan » Thu Apr 07, 2011 11:23 pm

Background: married but filed alone and got discharge in May 2007. Got new job, things going great then lost job in 2010. Now can't pay bills, can't survive, can't find job for 8 months now. Both my wife and I have debt joint accounts and individual. I have one car loan individual and my wife and I on one joint car loan too.

Can we file together under chapter 7 or at least chapter 13 because the law changed in 2005? It says eight yrs for me but what can I do, I lost my job? Can we both file or would it be best for just my wife only. I have a lot of new debt too and can't pay.

We are not BK scammers, just hardworking people that hit the same bump in road twice now. Any help or advice would be great. We would like to file without atty cause we cannot afford it.
bearchan
 
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Can you file Bankruptcy more than once?

Postby jordi » Thu Apr 07, 2011 11:26 pm

You can file more than once but the 2005 act requires 8 years between chapter 7 filings, this article will give you all the information.

The Bankruptcy Abuse Prevention and Consumer Protection Act, an amendment to U.S. bankruptcy laws, went into effect in October 2005. Also known as the Bankruptcy Reform Act, it makes the following changes to bankruptcy laws:

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Credit counseling is required before filing for bankruptcy; before the bankruptcy process is completed, bankruptcy petitioners must also complete a debtor education class.
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Those who wish to file Chapter 7 bankruptcy must pass a means test, thus steering more debtors to Chapter 13.
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Bankruptcy filers must produce more documentation, such as tax returns and proof of income, than previously required.
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Stricter and shorter time limits are implemented. If a bankruptcy petitioner fails to supply the required documentation within 45 days, the case is automatically dismissed. If you filed for bankruptcy in the past year and it was dismissed, under your current filing creditors are only stayed (barred from attempting to collect) for 30 days after your petition is filed.
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The time period between discharges is lengthened: For Chapter 7, it is 8 years before you can file for bankruptcy again; for Chapter 13, it is 2 to 4 years.
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Under Chapter 13 filings, certain debts are no longer dischargeable, including luxury goods, educational loans, and debts to pension plans.
jordi
 
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Can you file Bankruptcy more than once?

Postby gedalyahu » Thu Apr 07, 2011 11:28 pm

I would visit http://diylegalinfo.com/bankruptcy_Links.html They have a lot of good information on bankruptcy questions.
gedalyahu
 
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