Print This Page

What happens if I can’t file another Chapter 7 Bankruptcy right now?

Posted on Jan 16, 2013 in Bankruptcy, Bankruptcy Information, Bankruptcy procedures, BAPCPA, Chapter 7, Illinois, Wisconsin

I like to offer free initial consultations because I believe it’s only fair to know what your options are before paying for legal representation.  I meet with many people who would benefit from Chapter 7 Bankruptcy relief.  The only problem is that they are not eligible to file and get a discharge because they filed in late 2005, or 2006, or later.

The rules are very clear and simple:  Measured from the date the prior bankruptcy was filed (not converted), a debtor must wait 8 years before filing another Chapter 7 bankruptcy and receiving a discharge.

Sure, there are other options available in the meantime – debt consolidation programs, Chapter 13 Bankrupty plans, Chapter 128.21 Debt Amortizations (for Wisconsin residents).  These all require a steady income with disposable money to pay creditors.  In this economy, not everyone has that.

My two cents:  Meet with me (or another well-trained bankruptcy attorney) and look over your finances.  If you make so little money you can’t be garnished, you may simply want to wait to file.  If a small Chapter 13 plan payment is possible, that might work as well, but you should never file a Chapter 13 plan unless you know in good faith you can make it work.  It’s simply too much time for you, an attorney, the court and trustee, not to mention money and a toll on the system.  Also, you should never try to file a Chapter 13  bankruptcy and plan without an attorney – I was in court recently when a judge told a pro se debtor that she wouldn’t even file a bankruptcy without an attorney!

Still, there may be options available.  Call us or e-mail us to discuss.

Comments

Leave a Reply

Your email address will not be published. Required fields are marked *