How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 17530
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Bankruptcy Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

I have filed bankruptcy before but due to uncontrollable circumstance

Resolved Question:

I have filed bankruptcy before but due to uncontrollable circumstance I lost my job 4 years ago and havent had one since. My credit debt is about $5000. I have been living with my current boyfriend so he pays all of our living expenses. He wants me to file bankruptcy again but my 7 years are not up until I believe March of 2013. I had been paying on my credit cards up until about a year and a half ago. I have recieved all the letters and threats of collection. I have looked for jobs but haven't been real diligent about it and/or selective. I live in Indiana. I am pretty sure I will file again when I can. I know eventually I will be taken to court, but am unsure of what outcome, I have no income to garnish, I have already spent my 401 from my last job. I only have my vehicle that is in my name, otherwise I own nothing. What will the penalties be since I can't actually file again until next spring? Would they expect my boyfriend to pay since I live with him?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 4 years ago.
Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.


Question: I have filed bankruptcy before but due to uncontrollable circumstance I lost my job 4 years ago and havent had one since. My credit debt is about $5000. I have been living with my current boyfriend so he pays all of our living expenses. He wants me to file bankruptcy again but my 7 years are not up until I believe March of 2013.


Response 1: It is eight years and not seven years.


I had been paying on my credit cards up until about a year and a half ago. I have recieved all the letters and threats of collection. I have looked for jobs but haven't been real diligent about it and/or selective. I live in Indiana. I am pretty sure I will file again when I can. I know eventually I will be taken to court, but am unsure of what outcome, I have no income to garnish, I have already spent my 401 from my last job. I only have my vehicle that is in my name, otherwise I own nothing. What will the penalties be since I can't actually file again until next spring?



Response 2: Nothing. Since you are not working and do not have any assets except for your car, you are Judgment Proof. This means that you do not have any assets for the creditor to reach in order to satisfy the Judgment. Your car would be exempt from execution pursuant to Indiana Code Section 34-55-10-2(c)(2)


Would they expect my boyfriend to pay since I live with him?



Response 3: Absolutely not. Your boyfriend does not have anything to do with your debt.
Customer: replied 4 years ago.

I believe I filed in 2005, so when can I file again. And they wouldn't give me any jail time would they?

Expert:  Phillips Esq. replied 4 years ago.

I believe I filed in 2005, so when can I file again.


Response 1: After 8 years. Sometime in 2013 depending on the month that you received a Discharge from your previous Chapter 7 Bankruptcy. You can file for a Chapter 7 bankruptcy relief every eight years of getting a discharge from the previous Chapter 7 filing. See 11 U.S.C. Section 109(g); Section 349(a); Sections 727(a)(8), 727(a)(2), and 727(a)(11).


And they wouldn't give me any jail time would they?



Response 2: You cannot be jailed for a credit card debt. If a debt collector tells you that, that is not true. It is an illegal collection tactic if a collector tells you that you would be jailed if you do not pay the amount owed.

Phillips Esq. and other Bankruptcy Law Specialists are ready to help you