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Bankruptcy Law/bankruptcy in 2002 not fair if i have to wait..

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Expert: - 3/5/2009


Question
Hi i am from northwest tennessee. I filed bankruptcy in septmeber 2002 and was discharged december 2002. I was told that i could file again in 2008,,and now with this new law i have to wait til 2010 why? that doesnt seem fair. I feel like it shoulnt be for people who filed before 2008. And my next question is can i file a chapter 13? And i was told if you file a chapter 13 that they take a lot out of your paycheck and i cant afford that..is that true? Or can you pay someone once a month with a chapter 13 instead of them taking it out of your paycheck?

Answer
I'm sorry you feel it's not fair.  Congress changed the laws in 2005.  I suggest you write your Congresspersons if you feel it is unfair or should be changed.

Yes, you can file a chapter 13 now, assuming you are otherwise eligible for it (within the debt limits and can propose a repayment plan).  As far as how much your payments would be, that depends on your budget and means test analyses and that is beyond the scope of this service.

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Mark J. Markus- California Bankruptcy Attorney

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Mark J. Markus is a Los Angeles bankruptcy attorney who has practiced exclusively bankruptcy law in California since 1991 and is rated A+ by the Better Business Bureau and is AV-rated by Martindale-Hubbell. He represents debtors, creditors, and Trustees in Chapter 7, Chapter 11, and Chapter 13 of the bankruptcy code throughout California.

Experience

Visit our California bankruptcy webpage at http://www.bklaw.com for more information on bankruptcy in general and Mark J. Markus in particular. Many questions are answered on the web page (hint, hint).
The Markus webpage also contains more information on

  • Which Chapter to File,
  • business bankruptcy,
  • chapter 7 bankruptcy,
  • chapter 11 bankruptcy,
  • chapter 13 bankruptcy,
  • Do You Need a Lawyer to File Bankruptcy?
  • Frequently Asked Bankruptcy Questions

    Also visit our Los Angeles bankruptcy blog for interesting articles and much more.



    Organizations
    Central District Consumer Bankruptcy Attorneys Association (CDCBAA) Los Angeles County Bar Association (LACBA) Commercial Law & Bankruptcy Section of the Los Angeles County Bar Association Financial Lawyers Conference (FLC) National Association of Consumer Bankruptcy Attorneys (NACBA) Los Angeles Bankruptcy Forum (LABF) American Bankruptcy Institute (ABI) San Fernando Valley Bar Association (SFVBA)

    Publications
    Central District Consumer Bankruptcy Attorneys Association Newsletter September 2007 (Vol. 1, Issue 2)

    Education/Credentials
    J.D., University of Arizona 1990. B.A. Economics, California State University, Northridge 1986. For more details please click here

    Awards and Honors
    AV Rated by Martindale-Hubbell (http://www.martindale.com) A+ Rated by Better Business Bureau

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