REFILING BANKRUPTCY IN GEORGIA
There is no set number of cases a person can file. Whether a person can file a second or more bankruptcy cases depend on that person’s factual situation. However, most people are eligible to file a case whenever they want to file. The type of case they can file may depend on what happened in the previous case.
A person is allowed to get a discharge in a Chapter 7 once every 8 years. The time period is calculated by using the filing dates of the cases. For example, if a person filed a Chapter 7 bankruptcy case on October 15, 2005, that person would have to wait until October 16, 2013 to be eligible for a new Chapter 7 case. In our example a person could file a Chapter 7 bankruptcy case any time after October 16, 2013.
You can usually file another case immediately. However, if you file another case within 1 year of the dismissal of a previous case, the new case can have a limited or even no stay depending on the facts of your situation. Call us and we can give you exact information about your personal options.
The short answer is yes. Whether you have to file a full pay back plan or a partial pay back plan may depend on the following:
(A) When you filed the first Chapter 13;
(B) Whether you received a discharge in your previousChapter 13:
(C) What percentage of debt did you pay your unsecured
creditors in your previous Chapter 13;
(D) How much money you make;
(E) Whether you did anything ethically wrong in you
Call us or email us and we can tell you your options.
5. Can I file a Chapter 13 case after I have already
received a discharge in a Georgia Chapter 7
The answer is yes. What type of Chapter 13 case and the required plan provisions will depend on how much time has elapsed between the filing of the Chapter 7 case and the Chapter 13 case.
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