Expert: Mark J. Markus- California Bankruptcy Attorney - 7/12/2008

Question
I filed under old law chapter 7 in 2003. Sadly, I am in serious financial hardship, and am considering filing again. If I filed under old law, does the time limit for a 7 go by the new law of 2005 or law as it was when I filed?
Secondly, If I need to do a chapter 13, how would my car be affected? I purchased it used only a few months it is used and the interest rate is outrageous but I needed a car, my other had over 200,000 miles on it. If I filed previously, and then bought another car (2004, 14,000 dollars) would this send red flags to the trustee, judge or lawyer regarding my case. I know I screwed up BIG TIME getting myself back in debt as I am. I need help, I am robbing peter to pay paul and i can't make the payments on interest that is soring at 28-30%, I am getting no where. I live in PA, I filed solo the last time, all debt is mine including the car. I need to keep the car. Please any advice or direction. I am terrified of the calls so I keep making payments and I am just drowning and drowning and can't get back on track. I don't want the creditors harrassing me so I haven't stopped making payments and I know I can't cram down the car in a 13 due to it just having been purchased. I don't want to get in trouble with the lawyer or the trustee so I am even afraid to get a free consult at this time. I am afraid they will not want to do the BK because i filed previously or have the purchase of the used car so soon before filing.

Answer
You cannot file another Chapter 7 until 2011.  You may be able to file a Chapter 13 now.

There's no problem having purchased a car a few months ago.  As far as cramming it down or other concerns, you need to have a more comprehensive consultation with a bankruptcy attorney in your area.