How many times can you declare chapter 7?

[kellysmum]

In 1989, my ex-husband and I declared chapter 7 b/c we just couldn't pay our bills-we owed on a car and several credit cards that my husband ran up on the HSN while I was at work. Fast forward to 2001, and I declared chapter 7 again, this time due to credit card bills. Now I'm in a mess with medical bills. I am legally disabled and cannot work and I owe about $6000 in hospital and doctor bills (could be more-they just found a lump in my right breast that doesn't look good). I also owe $700 to Capital One and $6000 to JC Penney. Will any trustee allow me to file again?

[AngelinaCat]

Hi Kellysmom. Welcome to the forum. I am so sorry to hear of your medical problems. The answer to your question is, yes, you can file again, but the laws changed greatly in 2005, and things that you were allowed to discharged back in 2001, may not be admissible this time. Also, you will want to wait as long as possible to see if you can include any up and coming medical bills.

It would be best for you to schedules 3-4 free consults with different BK attorneys in your area, and see what they advise. Also read the 'stickies' here on this site, and HHM's excellent, Bankruptcy Tactical Manual.

If you do decide to fie, prepare yourself for a trustee to ask why you are filing a third time.

Good wishes to you, and welcome!

[Drazil65]

Just wanted to say welcome and good luck with everything. Come for support if you need to!

[despritfreya]

Kelly,

As alluded to above, yes you can file again. No one is really going to care about a case filed some 11 years ago or one filed before that. Cat makes a good point about waiting if you have on-going medical issues that will result in additional debt. Do seek out consultations with several attnys and never fear to pose questions to the good folks on this forum.

Good luck and welcome aboard.

Des.

[SMinGA2]

You cannot file more often than every 8 years. (Before 2005, it was 6 years between filings.) Since your last case was more than 8 years ago, you would be eligible to file now. A trustee would likely ask about your past filing history - to which you could explain just like you did here.

One thought though - this may not be something you need to rush in to. Figure out if there is anything a creditor can do to you, other than call and send letters. If you're not working, they can't garnish your wages. They may be able to get a judgment and eventually attach your bank account, but you'd know in advance if that were coming. Until then, hold off on filing perhaps. Sounds like you may have more medical bills. If you file before you're thru the round of medical procedures, you would end up with bills you might not be able to pay.

[ValleYum]

Are you on social security disability, kellysmum?