MY HUSBAND DIED EARLY THIS YEAR AND I FELL BEHIND ON MY BILLS AGAIN. CAN YOU HELP ME EVEN THOUGH I FILED A CHAPTER 7 IN 2013?
TAIEBLAW has helped numerous people in this similar situation. The law prohibits you from filing another Chapter 7 since you can only file a Chapter 7 every eight years.
However, most of Mr. Taieb’s clients who have filed a Chapter 7 within the eight year period are under the median income which is very high for New Jersey. Thus, they are able to file a Chapter 13 which creates an automatic stay, and they pay a very small portion of their debt based on their median income. Also, in this lady’s situation, she can also discharge her debts since it is over 4 years from when she filed her Chapter 7 case.
A problem could arise if you wish to file bankruptcy within four years after you file Chapter 7 if you have incurred a lot of unsecured debt, since that debt could not be discharged and you would have to pay it all back.
Mr. Taieb recently helped a woman who filed Chapter 7 in 2013 and was struggling for years. However, she waited until 2018 to file Chapter 13 so that her confirmed plan proposed to pay zero per cent to all her unsecured creditors and those debts will all be discharged when she completes her plan.
Because of the no discharge provision in the bankruptcy code, it is recommended by TAIEBLAW that if you need to refile a Chapter 13 within 4 years of a Chapter 7, that you file for an urgent situation such as: you are ready to lose your home, vehicle or be evicted.
If you have questions regarding this matter or any other matter contact TAIEBLAW at 856-235-4994, or visit our website at TAIEBLAW.COM.
Steven N. Taieb, Esq. has been a South Jersey Bankruptcy Attorney for over 33 years and is board certified in consumer bankruptcy law by The American Board of Certification which is accredited by The American Bar Association.