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    Second time filing

    This may be my second time filing. I filed exactly 10 year ago. It came off of my credit report this year. I am really having a hard time with this. I know we are doing the right thing but I feel so bad. I have been trying to avoid this for so long because I have been through it. I worked sooooo hard to get my credit perfect again. This year was the first year it was perfect and now it will be crap again. We thought about having my DH do it but we have 2 joint accounts and the lawyer said it wouldn't make sense. The first time was just stupidity. I was very very young and had no idea. This time it was just circumstances beyond our control but I still feel horrible. What if they dont let me because I already filed? I am really worried we will be in this mess and our kids will suffer.
    60K in debt??
    Ch 7
    No Mortgage No assets

    #2
    Since it's been 8 years from your prior Chapter 7 filing, nobody can prevent you from filing again.

    Comment


      #3
      If its been 10 years you can file a new bk petition no problem.
      May 31st, 2007: Petition Filed by my lawyer
      July 2nd, 2007: 341 Meeting Held
      September 4th, 2007: Discharged and Closed.

      Comment


        #4
        The trustee may ask why you are filing the second time. If that happens, say what you said here in your post.

        Good luck and have a Happy, healing New Year!
        "To go bravely forward is to invite a miracle."

        "Worry is the darkroom where negatives are formed."

        Comment


          #5
          Originally posted by AngelinaCat View Post
          The trustee may ask why you are filing the second time. If that happens, say what you said here in your post.

          Good luck and have a Happy, healing New Year!
          it depends on how the trustee ask you if you have filed before

          if he says have you filed in the last 8 years. you just say no and that its

          if he says have you ever filed you have to answer yes

          mine asked in the last 8 years i said no

          I made the same mistake in 98 young and foolish and never got my credit report fixed and wound up with high installments loans.

          im older and wiser now and will not make the same mistakes again
          filed chapter 7 Nov 17, 2009
          341 meeting Dec 21
          dec 22 no funds no asset
          Objections for Discharge due by 02/19/2010

          Comment


            #6
            You are eligible to file again as to length of time from your first filing; however, since you will be a "repeat" filer, your matter may be viewed more closely than usual. Many people just cannot learn to budget or handle money after going through a previous Chapter 7 (Chapter 13's force people to learn how to budget). Many people post on here how they are bombarded with all sorts of high fee/interest credit cards and car loans after discharge and before they know it, in a few years they are back in the same credit mess. Learn from this filing - learn how to save and work on a budget. It is not easy but it's better than becoming a serial bankruptcy filer. Of course there are circumstances that are beyond anyone's control if there is extreme medical debt or a really bad divorce situation, but if one has a budget and savings in place due to planning, a lot of future surprises can be avoided or better dealt with.

            Best of luck to you...
            _________________________________________
            Filed 5 Year Chapter 13: April 2002
            Early Buy-Out: April 2006
            Discharge: August 2006

            "A credit card is a snake in your pocket"

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