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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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I had a question on the timeline for a chapter 7

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I had a question on the timeline for a chapter 7 bankruptcy, I filed for a chapter 7 in Jan 2001 and it was discharged in April 2001. I was diagnosed with cancer and was not able to work while I was going thru treatment. I went into remission and it came back in 2007 I then spoke with an attorney to find out what my options were or if I should try and due debt consolidation the attorny recommended a chapter 13 and said to pay that until Jan 2009 and switch the 13 to a 7.

I am glad you are now in remission. Why do you need to file a Ch 13 - are you behind on your mortgage or other secured debt? What assets do you have? What state have you resided in for the last 2 years?
Customer: replied 9 years ago.
I came out of remission in 2007 and fail behind on bills once again and incured new medical bills. I explained to the attorney's office of the situation and was advised to try and make a $900 a month payment whch we could not afford. So the case was dismissed in July 2008. I resided in Las Vegas and have just moved to Texas about 1 1/2 months ago. The attoneys office said try to hold off the creditors until Jan 2009??? I am not currently working either if that helps.
Do you have any assets?
Customer: replied 9 years ago.
No Sir, We have two cars that we are currently paying on. But outside of that no.


Thank you for your information. I am happy to assist you.

I cannot see an advantage for you to file a Chapter 13 bankruptcy at this time.

Based only on the information contained in your post, you have no assets that a creditor can attach or wages that can be garnished. You are basically judgment proof. This means that if a creditor were to sue you and obtain a judgment against you, the creditor could not levy on anything of yours to collect the money from you.

You are eligible to file a Chapter 7 bankruptcy after 8 years have elapsed from your date of discharge. My calculation based on your post is that you could file again after April 2009. However, since you are judgment proof there is no rush to file a Ch 7 even at that time. You can choose to wait to see if you have any further medical bills to include in your filing.

I hope that the information which I provided was helpful to you.

Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,

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