Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
Question: Filed bacnkruptcy over seven years ago and at the time the law was you could not file again for another 7 sears. law since changed to 10 years. does the new law apply or am i grandfathered in and can apply after the seven years? Response 1: The new law is eight years not 10 years. No, you cannot be grandfathered. See 11 U.S.C. Sections 109(g); 349(a), and 1328(f). own a house with someone who filed a chapter 13 years ago and the house was mentioned but was able to keep. They are not paying the mortgage and therefore hurting my credit. Can I go for bankruptcy and actually claim the house so i can get my credit back on track or is it protected from their chapter 13? Response 2: Yes, you can, but I fail to see how filing for bankruptcy would get your "credit back on track." Bankruptcy stays on your record for 10 years.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).