Can I file a Chapter 7,if I previously filed 3 years ago?
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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 12 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.
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