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Ellen
Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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Hello, I filed for bankruptcy 07/19/2005. I currently have

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Hello, I filed for bankruptcy 07/19/2005. I currently have about 36500 in debt to include my car loan and not my student loans ( at least 50,000) in which I only pay and nothing really outside of that because I can't afford it. I do have a spouse who is in the military and a 6yr old and the mortgage my spouse pays with BAH and I would be the only one looking to see if I am able to file bankruptcy again. I have received phone calls from creditors when I am late on my bills in which I am on some now and do have collection notice on a bill. I will be a sunken ship next month when the furlough hit. With the lost that I will be occurring after doing my calculations and being a college student and full time employee, no amount of Debt consolidation will help because 20 percent of my pay will be wiped out. Pretty much right now how I have most of my bills on time is maneuvering around with my utilities and paying late on those because I know I will have grace period to play with unlike the credit cards and such. I am also paying on a judgement as well and some personal loans. I wanted to know if I stand a chance at bankruptcy again? Thank You Tiffany

FiveStarLaw :

*This chat is not intended as legal advice. It is general information*

FiveStarLaw :

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FiveStarLaw :

It appears that you would be eligible to file a chapter 7 bankruptcy after July 19, 2013

FiveStarLaw :


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.


FiveStarLaw :

Since you are not correctly in any type of litigation, it appears that you are in a position to wait until July to file

FiveStarLaw :

You would be able to file without including your husband. A husband and wife are not required to file a bankruptcy jointly. One party can file without the other.

Customer:

So in order to stay above water do I continue to pay my credit card bills I do hit and miss some because of money

FiveStarLaw :

Once you have made the decision to file bankruptcy, it is typically best to not make any further credit card payments.

Customer:

Ok and what about the judgement that I have been paying on since 2009

FiveStarLaw :

The credit card bills will typically be discharged. The money would be typically be better spent on legal fees to retain local counsel to represent you in the bankruptcy

FiveStarLaw :

If you do not continue to pay the judgment, the judgment creditor may be able to attach your bank account

Customer:

As far as the date my last bankruptcy was discharged do I go off the date I actually filed with the lawyer or do I go off of the date I got my discharge letter

FiveStarLaw :

the date that you filed

Customer:

Ok well I guess I will continue to pay them at least

Customer:

Ok and what about my car I purchased that in Nov 2012?

FiveStarLaw :

If you would like to keep your car it is important to continue to pay your car loan

FiveStarLaw :

if you do not want to keep your car, you can stop paying and the deficiency would be discharged

Customer:

Would I have include my military star card because my spouse would get in trouble by his command if I did that card?

Customer:

OK I would like to keep my car.

FiveStarLaw :

You can choose to pay a debt that would otherwise be discharged in the bankruptcy

Customer:

Ok thank you very much.

FiveStarLaw :

It has been my pleasure to work with you

Please let me know if I can assist you in the future by requesting me directly.

Customer:

so when should I start the process

Customer:

because I know you have classes to attend right

Customer:

or how early should I start?

FiveStarLaw :

I suggest that you meet with local counsel at your earliest convenience

FiveStarLaw :

typically bankruptcy attorneys offer of free initial consultation

Customer:

Ok thank you and I will indeed request you in the future thanks alot!

FiveStarLaw :

What classes

Customer:

debt classes

Customer:

are those required to file

FiveStarLaw :

yes that is correct

Customer:

ok.

Customer:

Thank You!

FiveStarLaw :

Thank you very much

Customer:

You are welcome

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