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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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How often can you file bankruptcy? My husband and I filed in

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How often can you file bankruptcy? My husband and I filed in 2005 but he passed away in 2007 in a car accident. I was also in the accident and am now on disability. I now have to file bankruptcy because I just can't make it on my own anymore. I tried as hard as I could to hang on but it's just not possible anymore. Is it possible for me to file again since it's only been 6 yrs?
Welcome to JustAnswer,

So sorry to hear of this dilemma. If my answer is not clear to you, please ask me for clarification by using the reply button.

A person can file Chapter 7 again if it has been more than 8 years since he or she filed the previous Chapter 7 bankruptcy or 6 years since the filing of a Chapter 13.

A debtor can refile a Chapter 13 at anytime.

Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.
Customer: replied 5 years ago.
So, if I can only file Chapter 7 every 8yrs then what should I do in the meantime? It's only been 6yrs since we filed and I have absolutely nothing to give the creditors anymore. Do I just ride it out for 2 more yrs and then file the Chapter 7? I'm not at all happy about the situation I'm in and am just ready to throw in the towel.
What assets do you have that you are attempting to protect in a bankruptcy?
Customer: replied 5 years ago.
I only have my car. A 2008 Chevy HHR. I don't own any property or anything like that.
Do you have any equity in your vehicle and if so what is the amount of that equity
Customer: replied 5 years ago.
I own my car but I don't know how much it's worth. I'm sure it's not a lot.

You appear judgment proof and therefore it does not sound as if it is necessary for you to file bankruptcy at this time. I will explain.

Although the creditors may file suit against you and obtain judgments, it does not appear that you have any assets that they can take to satisfy the judgments. Your disability income is exempt from the claims of creditors. In addition in Florida a vehicle is exempt plus an additional $4000 if you do not own your home.

Florida Statute 222.25
http://www.legalconsumer.com/bankruptcy/ExemptionCitationDetail.php?CitationID=2309


Please use the REPLY button if you have any questions concerning my answer. Otherwise please click ACCEPT so that I am paid by the site for answering.
Customer: replied 5 years ago.
So what should I do? Just wait until I can file bankruptcy? I absolutely HATE this because I have ALWAYS taken great pride in my credit. It's just been an extremely rough few years since the accident and I have no idea what to do. Thank you SO much for your time. I really appreciate you taking the time to help me.
It is my pleasure to try to help you.

You may want to consider simply disregarding the creditors until you are able to refile a chapter 7. Remember they can obtain judgments but cannot take your disability income nor your vehicle

Good luck to you
Ellen and other Bankruptcy Law Specialists are ready to help you