Can I file a Chapter 7,if I previously filed 3 years ago?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can I file a Chapter 7,if I previously filed 3 years ago?

I filed bankruptcy in 2008, however, creditors that should have been included in the original bankruptcy case are still contacting me. I know they are looking for me because they call my mother’s home number which used to be mine, and state that it is the number I provided for contact. I tried to get assistance from the attorney office, where I previously filed, however, they are no longer in business. Can I file again? Am I pretty much screwed? Can you help me, or provide assistance, in what I should do?

Asked on July 21, 2011 Washington

Answers:

Valerie M. Simmons

Answered 11 years ago | Contributor

Under the Bankruptcy Code, you cannot file again until about 8 years after your discharge was granted, so no, probably not.  But, it is possible to re-open your Chapter 7 and add the omitted creditors. If your prior attorney failed to list the creditor(s), or the creditor was a debt buyer (such as Portfolio Recovery) you did not know about, those are usually acceptable grounds to re-open your case.

Alternatively, if the trustee filed a No-Asset report in your case, it may be possible to simply write (or have an attorney write) a letter to the creditors advising of your bankruptcy, and including a copy of your Notice of Discharge.  The theory behind this is that even if the creditor had been listed, it would have received nothing, so the creditor was not prejudiced by the omission. You should consult an experienced bankruptcy attorney in your area for more details.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption