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Need to start 2nd bankruptcy, have questions

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    Need to start 2nd bankruptcy, have questions

    I filed in May of 2016, and had a discharge Aug of 2016. I have had a bad past 9 to 12 months that has put me in debt and have reduced income of almost 40% lower than a year ago. I just don’t have the energy to work a 2nd job or gain extra income anytime soon. I see the wait period for a 2nd chapter 7 is 8 yrs from file date.
    is it possible to call and retain the services of an attorney now, and wait till 2024 to file? When i first contacted the attorney in Jan 2015 they put me on a payment plan to pay for the service and in the meantime I was able to get the creditors to stop calling and stop collecting. Any experience in this situation?

    #2
    Welcome to BKForum!

    I'm sorry to read that you are having issues, but the pandemic has caused a headache for many Americans. I'm surprised that there were not that many bankruptcies (year-over-year) filed in 2021.

    Whether or not an attorney will let you go on retainer this early, is a question for the individual attorney or law office. As you write, some of them will allow you to go on retainer and they will field all creditor calls. Since you are 2 years and 3 months from filing, that may be a long time for a law office to field calls, but it won't hurt to ask. The thing is... you'll just have to ask.

    Do you know that you could file a Chapter 13 in May 2022? If you're in a 3-year (36-month) Chapter 13, you could be done by late April 2025, rather than waiting until May 2024 to file a Chapter 7. Just something to think about and perhaps speak to several attorneys.

    Again, welcome to BKForum.
    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

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment


      #3
      Thank you, I do need to start making phone calls, and look for attorneys, and possibly call a few different ones. Last time I talked to only 2 and went with the 2nd because of location in my town. I need to definitely get some advice and get a plan going soon…

      Comment


        #4
        Originally posted by Dannyc1005 View Post
        I filed in May of 2016, and had a discharge Aug of 2016. I have had a bad past 9 to 12 months that has put me in debt and have reduced income of almost 40% lower than a year ago. I just don’t have the energy to work a 2nd job or gain extra income anytime soon. I see the wait period for a 2nd chapter 7 is 8 yrs from file date.
        is it possible to call and retain the services of an attorney now, and wait till 2024 to file? When i first contacted the attorney in Jan 2015 they put me on a payment plan to pay for the service and in the meantime I was able to get the creditors to stop calling and stop collecting. Any experience in this situation?
        I think they might get the Consumer Bankruptcy Reform Act of 2020 passed this year so it might be worth waiting to file and find an attorney. You might get some kind of "crash test dummy" discount!

        Comment

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