Is It Possible To File Chapter 7 Bankruptcy A Second Time In White Plains, NY?
You can absolutely file a second or third or fourth for that matter bankruptcy case. Generally, I like to wait seven or eight years if somebody has a second case and I have had a few clients who have filed bankruptcy more than once no more than twice actually but it’s possible. So it is available after a certain amount of time to file a second bankruptcy petition after your first one has been discharged.
Does It Matter Which Type Of Bankruptcy I Filed The First Time In My 2nd Bankruptcy?
No, once the statutory time frame passes there should be no difference between filing a Chapter 7 bankruptcy or a Chapter 13 bankruptcy. The law is that you can re-file a bankruptcy petition after seven years of your discharge. It wouldn’t matter which chapter you originally filed under other than the time frame might be different from the discharge because generally under a Chapter 13 plan you have a payment plan that’s entered into with the trustee for a number of years.
Will It Be Harder To File A Second Bankruptcy In White Plains, NY?
No it won’t be any harder to file a second bankruptcy petition. The trustee will ask you if you ever file bankruptcy before. Sometimes circumstances are such that a person needs to file bankruptcy say for a medical issue and then several years later they may be getting a divorce and have some accumulated debt resulting from that situation. But there’s really no more difficulty in filing a second Chapter 7 bankruptcy petition.
What Criteria Do You Review To Determine If A 2nd Bankruptcy Is The Right Path For Your Clients?
I would use the same criteria as if I was evaluating a first bankruptcy petition. What are the type of debts, what’s the amount of debt, what’s the income, what are the expenses, what the assets of the individual are. These things all come into consideration when I’m determining whether or not filing a Chapter 7 bankruptcy petition is appropriate for a client.
Can I File A Bankruptcy Case If My Spouse Is Currently In Bankruptcy In White Plains, NY?
Yes, you can file bankruptcy if your spouse is filing bankruptcy. You can file a joint petition which means you file together or you could file separate petitions. The household income and the household expenses would all come into play in considering the discharge in a Chapter 7 bankruptcy but there really is no bar for either of you filing bankruptcy.
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