Hondo, TX Bankruptcy Law Firms & Lawyers

You can file a 7 after the 8th anniversary of the date on which your previous petition was filed. Of course, you can file a 13 also, 4 years after a 7. If you filed a 13, the waiting time is only 2 years. And from a 13 to a 7, the wait is 6 years.

The question depends on whether you received a discharge. If you received a discharge the creditor cannot sue you. That is a violation of the discharge injunction. Visit with your attorney regarding how to proceed forward. If you did not receive a discharge, yes, that claim, assuming no other defenses, could be pursued in state or other court.

It depends. If there is any finding that the there was some intention in the accident, the insurance companies may be able to file a complaint for the Court to rule their claims non-dischargeable. If there was no intention or gross negligence, for example, it is likely that it would be discharged along with all other debts. However, that does not happen automatically and the insurance companies need to make a cost-benefit analysis to figure out if it is worthwhile to pursue such a complaint as it involves retaining an attorney and going all the way through trial if you defend, which can be quite expensive for everyone involved. It most likely would cost more than $14,600 and then the creditor has to worry about whether such judgment can be collected from you.