Fort Oglethorpe, GA Bankruptcy Law Firms & Lawyers

Eligibility to file is different from eligibility to get a discharge. You may have some stay problems depending upon how long ago your last bankruptcy was but any competent attorney ought to be able to figure it out.

Whether you are a chapter 7 or chapter 13 bankruptcy is primarily based on your income the previous 6 months before filing bankruptcy. If you have already had your meeting of creditors and the trustee did not indicate that he wanted you to report further income information, you are probably in the clear and will get a chapter 7 discharge of your debt.

The waiting period for filing a Chapter 7 case: 1. If you received a discharge in the first Chapter 7 case, you have to wait 8 years from the filing date before you can file another 7. 2. If you received a discharge in a prior Chapter 13 case, the time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case. If you did, there is no waiting period. If you did not, you have to wait 6 years after the filing of the 13. 3. If you did not receive a discharge, there is no waiting period. The waiting period for filing a Chapter 13 case: 1. If you received a discharge in a prior chapter 7 case, you can file under chapter 13 case at any time. However, if you file the 13 within 4 years of the date you filed the 7, you will not receive a discharge. (Some do this anyway to catch up on a mortgage arrearage.) 2. If you received a discharge in a prior Chapter 13 case, there is a 2-year waiting period - but since nearly every 13 takes longer than 2 years to complete, this rule rarely applies. 3. As with filing under Chapter 7, there is no waiting period if you did not receive a discharge in the prior case.