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Ask Terry L. Your Own Question
Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2820
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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If a person filed for bkrptcy on 2 prior occasions, can they

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If a person filed for bkrptcy on 2 prior occasions, can they file again. I understand that the new law says only twice. But these are all prior to the new laws.Also, If a collection agency claims to have a judgement and they do not. can you file a legal complaint.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

If the cases were dismissed, you can still refile.

Terry L. :

if there is a 3rd ch13 in the last year, there is no automatic stay protection from creditors at the start. The debtor must bring a motion to impose the stay, for cause, showing a positive change in circumstances to show how case 3 will be more successful.

Terry L. :

if this was a prior case years ago, the debtor can file a new chapter 7 if there has been 8 years from the date of the last case filing if there was a discharge.

Terry L. :

There isn't much of a case if a creditor is lying to you like that, there is no damage if there is no case.

Terry L. :

do i have the facts straight?

Terry L. :

I tried to guess based on the limited facts above.

Terry L. :

let me know

Customer:

The 1st two were Chap. 7's in 84 then 98 major med. bills

Customer:

They debts were Discharged

Terry L. :

so you can refile a new case, no issues

Customer:

Thank You!!!

Terry L. and 2 other Bankruptcy Law Specialists are ready to help you