Refile Chapter 7 again?

[Johnny Soaps]

Hello all,

I'm sorry in advance but I tried to search but did not find what I was looking for.

I filed Chapter 7, by myself, in March 2001 and was discharged July 2001. A failed business and a recent layoff is the only reason I am even considering this, if it is even an option. The debt owed is credit cards approximately $40K and the credit cards are under both me and my wifes name.

My question is can I file Chapter 7 again? If not, when can I refile? Since my wife has never filed will this make a difference?

Can I file by myself w/o an attorney to cut any costs?

Any suggestions?

Thanks in advance!

Johnny

[SinkingFast]

The rules have changed on how quickly you can file BK again. I believe it used to be 6 years, and now it's 8. If that's wrong, someone will correct me. If that's correct, then you can't file for a Ch 7 again until 2009.

You went 7 before, so if you file again, you'd have to be a 13 and make payments each month. If you're below the Median, you could maybe get a 3 year plan. If you're above the Median income level for your State, your plan will automatically be 5 years long.

Your wife on the other hand could file Ch 7 if she wants since she hasn't filed before. If she's jointly responsible for the debts, this may be a way for you to go. But it could be tricky spliting up the debts and the assets for the BK.

As for an attny,......... The New Law is tough. Attnys, Trustees, and Judges are still feeling their way around. Some parts, Congress was very clear on. Other parts are wide open. And things are constantly changing. There have been several decrees issued about how the Law is to be applied since last October. I'm sure more will be coming. For a Pro Se filer, the New BK Law is like trying to walk thru a field of land mines. Unless, you don't have any property or assets to loose.

If you'll search Forms, you'll find a couple of recent threads about the new forms. There's even some links to on-line websites that will allow you to fill in your own forms. Also, there was just a recent thread about what Trustee's are looking for. It's all the forms and Schedules of the New Law BK petition with all the new points highlighted and tips in colored boxes so the Trustees know what to look for.

The best place to start is here:

http://www.usdoj.gov/ust/

Here's a link about forms you can fill in yourself:

http://www.bankruptcyforum.com/showt...ighlight=forms

And here's the link to what Trustee's are supposed to look for:

http://www.bankruptcyforum.com/showt...ighlight=forms

That's some good links for you to start with.