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Bankruptcy Law/Chapter 13 Bankruptcy

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Question
I'm currently living in the state of Florida. My chapter 13 bankruptcy took place in Georgia since that was where I was living. My bankruptcy got discharged in April 2014. How long do I have to wait to file again? Right now I can barely afford to make payments on my possessions. Also, how does the statue of limitations works in regards to collection agencies? Is it based off what state you lived in when the debt occurred? How will you know if the statue of limitations has expired?

Answer
If you completed your first Chapter 13 plan and received a discharge, the court erased your debts. You paid your creditors over a three to five year period with your disposable income in a plan overseen by the court. If any of them did not receive full payment, your bankruptcy relieved you from any obligation to pay the balances. In this case, you must wait two years before you can file a new Chapter 13 plan. The clock doesn't begin running with the date of your discharge, however. The two-year period starts when you file your first Chapter 13 petition with the court. Because almost all Chapter 13 plans extend beyond two years, you can usually file again right after your discharge, if you must.

The Florida statute of limitations on a written contract is 5 years and for an oral contract it is 4.  In Georgia a written contract is 6 years and oral contract 4.  Generally speaking, a contract statute of limitations is the one applicable in the state where the contract was entered into.  Since you got a discharge in April 2014, I assume that most of your debts are relatively recent were entered into in Florida, but you would have to be specific.

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Volunteer


Michael T. Hertz

Expertise

I am already listed as a volunteer under "Collections Law," but actually I am a bankruptcy lawyer. I am a member of bar in California and in Massachusetts and have practiced in bankruptcy since 1978 and have also taught bankruptcy law at the law school level (in Maine and Oregon). I can answers questions with respect to all bankruptcy chapters, having represented creditors, debtors, trustees, creditors committees, and persons involved in defending actions in bankruptcy court.

Experience

See above. Basically, 33 years of experience.

Organizations
inactive member of State Bar of California; inactive member of bar in Massachusetts; former member of bar in Maine; former conseil juridique in France.

Publications
California Bankruptcy Law Review; Georgetown Law Journal; numerous others. See my resume.

Education/Credentials
Harvard Law School, J.D.; Pomona College, B.A.

Awards and Honors
Superlawyer in Northern California, 2005 and 2006

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