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Filing a second time

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  • Filing a second time

    Hoping someone can answer this question. I am filing chapter 13 my 341 meeting is scheduled for Thursday. I had filed bankruptcy over 10 years ago. My question is, if the trustee asked me if I had filed bankruptcy before should my answer be no sense it was over 10 years
    ago?

    thank you

  • #2
    Depends upon how the question is asked. If you are asked if you have ever filed bk before then obviously the answer would be "yes". If you are asked if you have filed bk with the past 8 years the answer would be "no". Listen to the question asked and then answer it truthfully.

    Des.

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    • #3
      You have filed bankruptcy before. The answer would be "yes".

      Edit: Posted at the same time as Des. Good point. ;)

      Comment


      • #4
        Thank you. Would this stop my case from being confirmed?

        Comment


        • #5
          Originally posted by hcorreia1 View Post
          Thank you. Would this stop my case from being confirmed?
          No. You are outside any of the "serial" filing conditions which may prevent you from receiving a discharge. In any case, you can always file a Chapter 13 unless the court determines that you're abusing the system (serial filing to thwart creditors). You do not appear to be a serial filer and you are outside all of the various time restrictionss for receiving a second discharge.

          As Despritfreya wrote, just listen to the question and answer correctly. "They" already know if you filed before because it is one of the things that they check to make sure that you are not a serial filer.
          Last edited by justbroke; 07-21-2017, 07:26 PM.
          Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
          Status: (Auto) Discharged and Closed! 5/10
          Visit My BKForum Blog: justbroke's Blog


          I am not an attorney. Any advice provided is not legal advice.

          Comment


          • #6
            Thank you . Learned a new term today "serial filler". I am just stating to freak out about he meeting.

            Comment


            • #7
              I would not worry. The worst question would be why you're filing again. Everything is just as before with the standard questions. It's a Chapter 13 so they are must more concerned about whether you are devoting enough to the Plan than what you did.
              Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
              Status: (Auto) Discharged and Closed! 5/10
              Visit My BKForum Blog: justbroke's Blog


              I am not an attorney. Any advice provided is not legal advice.

              Comment


              • #8
                It's not so much that question I am worried about. The whole meeting itself is what concerns me. My payment is about 1700 a month to satisfy basically past mortgage and taxes. I had about 20k in unsecured debit which I am hoping to be forgiven and also trying to cram down my car.

                Comment


                • #9
                  You will find that for 95-99% of the time a Chapter 13 meeting is a breeze and nothing that you believe it is. They are going to ask some basic questions (I posted the link above). I had close to $350K in unsecured credit and it was never addressed. My car was crammed down to actual value (saving $11K because I had negative equity from a trade in).

                  If anything, I would personally be more concerned about making sure that I'm paying on time. The (Chapter 13) 341 Meeting is more about the Chapter 13 Standing Trustee getting to ask the "required" questions and to provide some preliminary feedback.

                  Just read the anecdotal evidence in this forum. Nearly 95-99% of all people that went into the 341 Meeting nervous, concerned, terrified, came up saying that it was a simple 5-10 minute conversation with some basic questions about their assets and petition. The only time it gets complex is when the case is complex (undiscovered assets, inheritance, pending lawsuits, etc) or you're simply not telling the whole truth (about assets).
                  Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
                  Status: (Auto) Discharged and Closed! 5/10
                  Visit My BKForum Blog: justbroke's Blog


                  I am not an attorney. Any advice provided is not legal advice.

                  Comment


                  • #10
                    Thank you again for your comments and very helpful. My concern is more about getting approved. I have some student loans that are not included in the plan and still trying to set up a repayment. plan.

                    Comment

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