Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Question: Filed bacnkruptcy over seven years ago and at the time the law was you could not file again for another 7 sears. law since changed to 10 years. does the new law apply or am i grandfathered in and can apply after the seven years? Response 1: The new law is eight years not 10 years. No, you cannot be grandfathered. See 11 U.S.C. Sections 109(g); 349(a), and 1328(f). own a house with someone who filed a chapter 13 years ago and the house was mentioned but was able to keep. They are not paying the mortgage and therefore hurting my credit. Can I go for bankruptcy and actually claim the house so i can get my credit back on track or is it protected from their chapter 13? Response 2: Yes, you can, but I fail to see how filing for bankruptcy would get your "credit back on track." Bankruptcy stays on your record for 10 years.