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    Filing again?

    I was having lunch with a friend and I confided that I had filed. I knew she was have financial problems, but she said she didn't know what to do. If she would file it would be her third.

    She apparently filed #1 in the 80's due to her husbands illness (he passed away), fast forward 10yrs and she remarries. She files alone cause she can't find a job, yada, yada. Now, another 10 years. They lost their business and have moved here in the last year. her husband still hasn't been able to find a job.

    Is she allowed to file again? Will they give her a hard time? I told her I'd post the question and let her know, you guys are so great. I felt so bad for her. She ended up sobbing in McDonalds parking lot!
    Filed Pro Se 9/10/07
    341 Complete 10/16/07
    Discharged 1/23/08

    #2
    Originally posted by jennyn View Post
    Is she allowed to file again? Will they give her a hard time?
    Assuming she wants to file Ch 7and qualifies for it under the current bankruptcy law's Means Test restrictions, as long as 8 years has passed since she filed the last bankruptcy, she can file Ch 7 again.

    Whether the trustee will be harder on her because it's her third bankruptcy in 25 years is hard to say. She could get more questions during her 341 asking how she finds herself in bankruptcy again, and her case could get more scrutiny by the trustee as well. It's really is going to depend on the trustee she gets. And the US trustee for her district make take a look too - they watch frequent filers more closely.

    You are such a good friend to support her when she needs it most! Please invite her to join here if that would help too. We have multiple filers hanging out - she won't be alone. The more, the merrier!
    Last edited by lrprn; 09-24-2007, 04:30 PM.
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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      #3
      Thanks L

      I will let her know, she is actually one of the rare ones that doesn't have a computer at home. WOW, I would be lost!!!

      From what she has told me, I think she is just a poor soul who has "Murphy" as a permanant resident. Hopefully, this will truly be a fresh start for her.
      Filed Pro Se 9/10/07
      341 Complete 10/16/07
      Discharged 1/23/08

      Comment

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