Expert: Terry Leeders - 9/21/2007

Question
I filed bankruptcy in 2000 or 2001 I since then have had a disabled daughter and had a 2 year old son pass away. Am I eligible file for bankruptcy. We have had a rough few years and weren't able to keep on top. Bankruptcy is our only option.

Answer
You can file a chapter 7 again after 8 years from the date you filed the first case.  If it has been less than 8 years, then you can look to pay into a chapter 13 case, perhaps as low as 10 cents on the dollar for unsecured debts.  Check with your lawyer to see when the chapter 7 would be available to you.  Unfortunately, it is a hard rule, and special circumstances, such as you described, cannot change that time frame.