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JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience:  Attorney in the practice of Bankruptcy Law since 1996
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I can no longer pay my bills on time. A creditor already got

Resolved Question:

I can no longer pay my bills on time. A creditor already got a judgement against me. What can I do, if anything? I filed bankruptcy in 2005 already due to my husband's illness. He is deceased now.
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 8 years ago.
So sorry. What assets do you have? Do you work? What Chapter bankruptcy did you file?
Customer: replied 8 years ago.
I filed chapter 7 in 2005. Yes I work, 64 hours every 2 weeks. I have a car but I owe more on it than it's worth.
Expert:  JoeLawyer replied 8 years ago.

Since you filed a Chapter 7 in 2005, you are not eligible to file another Chapter 7 for eight years from then, which is some time in 2013.

However, you can file a Chapter 13 now. It is ideal if you file a Chapter 13 four years after the Chapter 7 also since that gives you some benefits in terms of discharging debts which I won't go into in any detail, so it may be best to wait until the same date in 2009 that the case was filed in 2005 so that the 4 years has ran when you file the new case.

Chapter 13 may be very helpful for you since it may allow you to only have to pay what the car is worth instead of what you owe and at a decent interest rate, get the judgment creditor off your back, etc.

You can read more about the differences between Chapter 7 and Chapter 13 by going HERE.

I hope this helps and a positive feedback is always appreciated if this was useful to you.

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JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
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