Hello and thank you for allowing me the opportunity to assist you.
Question: “I filed bankruptcy about 7 years ago due to being scamed out of my money. Now I have been scamed out of money I don't even have. Can I file a second time?”
Answer: Here are the time limits for filing:
- 8 years between Chapter 7s.
- 2 years between Chapter 13s.
- 4 years between a Chapter 7 and Chapter 13.
- 6 years between a Chapter 13 and Chapter 7.
So, if your prior bankruptcy was a Chapter 7, then you will have to wait one more year to file a new Chapter 7. I should point out that in reality the limitation is on the ability to be discharged, not on the ability to file (i.e. you could technically file for Chapter 7 now, but you can’t be discharged).
However, your SS can’t be garnished by creditors. Depending on where you live and the value of your trailer, you may be able to protect it as well. If you’d like to provide me with your State, I can look up the info for you. The botXXXXX XXXXXne is that there is a good chance that you’re “judgment proof.” Judgment proof is a term used to describe people who can’t be forced to pay a judgment because their only assets (if any) are protected under the law. If that’s the case with you, then the bank would be wasting its time/money to sue you for the $5000. Therefore, it may not even be necessary to file for bankruptcy again.
Have I satisfactorily addressed your concerns? If not, then please feel free to ask for clarification. Also, if you added details in the “Optional Information” or “Already Tried” fields that I did not address in my answer, then I apologize. Questions are often posted for the experts to answer prior to the completion of those fields. Just let me know that I missed something pertinent and I’ll be happy to get back to you.
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