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Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I filed chapter 7 in 09/2002 and paid it 10/2004, just got

Resolved Question:

I filed chapter 7 in 09/2002 and paid it 10/2004, just got a letter from Merrick Bank which was a credit card I got after filing BK, they are sueing me for unpaid balance several thousand dollars plus all the other fees, I live in Texas, so if I don't contest they will get a default judgment and could seize my checking account.
I have no debt right now, renting a house, own my car outright, is filing BK an option for me?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  Roger replied 6 years ago.

Hi - my name is XXXXX XXXXX I'm a Bankruptcy litigation attorney here to assist you.


The only requirement under the bankruptcy code is that there must be 8 years between filing chapter 7 bankruptcies (727(a)(8)). The time starts with the date of filing, not the discharge date.


Thus, you are eligible to re-file.



Customer: replied 6 years ago.

Since this lawsuit is the only reason I would file again, is it stupid of me to file just for one creditor problem?

Expert:  Roger replied 6 years ago.

I don't know if this is "stupid". It really depends on the amount of debt you're talking about and whether it is possible for you to pay this money back or not.


If there's a way to avoid bankruptcy, I would recommend that. Otherwise, filing is available to you.

Roger and other Bankruptcy Law Specialists are ready to help you