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Bankruptcy Law/DISABILITY AND CHAPTER 7

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Expert: - 7/29/2009


Question
MY HUSBAND JUST STARTED RECEIVING DISABILITY AND WE HAVE ABOUT $50,000 WORTH OF MEDICAL BILLS TO FILE CHAPTER 7 ON, BUT IT HASN'T BEEN 8 YEARS SINCE LAST CHAPTER 7. SO DO WE HAVE TO FILE A CHAPTER 13 CASE OR IS THERE EXCEPTIONS?


Answer
There are no exceptions.  If you received a discharge in the prior Chapter 7 case and it was filed within the past 8 years, your only option now would be Chapter 13, assuming you are otherwise eligible for that Chapter (must have been at least 4 years since your prior case was filed and you must be within the debt limitations, which you probably are).   Or, you can simply wait for the 8 years to pass and file a Chapter 7 case then.


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Mark J. Markus- California Bankruptcy Attorney

Expertise

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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