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Bankruptcy Law/Can I filed bankruptcy again

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Expert: - 8/8/2006


Question
I filed bankruptcy back in March 2001 and now I'm being sued civilly by two big name brand companies for have a guy in china counterfeit products on my website at the time was unknown to me until I started receiving cease and desist letters.  I own a online website but Im a sole proprieter so Plaintiffs' named my personal name in the lawsuit and just listed my domain names dba's.  Can you tell me is there anyway I can filed BANKRUPTCY!

Answer
A person is not eligible to discharge any debts under Chapter 7 until it has been more than eight years from the date the previous case was commenced. Even if you were eligible now for a Chapter 7 discharge, it is likely that the plaintiff would have a basis to object.

However, there may be hope for you! You can look into filing Chapter 13. Even under the new law, there is still a "loophole" in Chapter 13 that may allow you to discharge this debt, even though it might be nondischargeable in a Chapter 7.

For more info on what Chapter 13 does and the eligibility requirements, you can begin by checking out the following guide, and of course consult immediately with a highly respected local bankruptcy attorney. Get yourself the best representation that you can find, because this may be a difficult case. Please see Guide at:

http://www.debt-relief-bankruptcy.com/faq-browse11-17/bankruptcy-guide.asp  

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Los Angeles Bankruptcy Lawyer Leon D. Bayer

Expertise

Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/

Experience

Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.

Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.

Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.


Education/Credentials
B.A., J.D.

Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000

MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.

Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.

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