Posted by: admin in chapter 13 bankruptcy laws on
alienhunter34 asked:
first off i am asking this question for a friend becasue she doesnt have a computer. my friend and her husban filed bankruptcy 2 years ago and now have gotten themselves into such a jam they are even deeper in debt rthan when they filed chapter 7 the first time they wanted to know if they could still file chapter 13 and get out and never use credit cards again
Tags: Asking This Question, Chapter 13, Chapter 7, New Bankruptcy Law
I am not an attorney, but Bankruptcy Law is Federal in nature. As for filing a new Bankruptcy petition, the Bankruptcy Law was changed by Congress in 2005 to make it more difficult to file Chapter 7 Petitions so frequently. I advise you to inform your friend and her husband to schedule a consultation with a local attorney who specializes in Bankruptcy to discuss their particular situation ASAP.
It’s going to be another 4 years before they can file a chapter 13 and get a discharge, whereas it would be 8 years until they can file another chapter 7. However, if they do not care about the discharge but want a no interest payment plan, filing a chapter 13 may still help them, but they have to pay all creditors 100% if they do that, whereas under a typical chapter 13, only a percentage (typically about 10%) needs to be paid.