You can file for bankruptcy twice or even three times, even if you have received a discharge.
The key is that you will often have to wait a certain period after you have filed and have received a discharge, to file for bankruptcy again and get a full discharge.
Can I file bankruptcy if I don’t own anything?
Yes, under bankruptcy law, you can still liquidate in a Chapter 7, even if you do not have any or substantial assets or property. If there are no assets to be taken, the bankruptcy trustee will declare a no-asset bankruptcy and those creditors cannot therefore make claims on property or assets to pay outstanding debts.
How do I qualify for Chapter 7 in California?
If you would like to file a Chapter 7 bankruptcy you must pass the California means test. The test only applies to higher income filers which means that if your income is below the California median for your household size you are exempt from the test and may file a Chapter 7.
How soon can I file Chapter 7 again?
If you have already received a discharge in a Chapter 7 bankruptcy, you must wait eight years from the date you filed the previous case before you can file another Chapter 7 and receive a discharge. Chapter 13 to Chapter 13.
Can I keep my car if I file Chapter 7 in California?
If you’re filing under Chapter 13, you’ll be able to keep your car as long as you keep making your payments. Under Chapter 7, whether you keep your car will depend on your ability to make payments and the value of your vehicle. The choice of exemption system will seriously affect your Chapter 7 bankruptcy.
Is it better to file bankruptcy or just not pay?
Not all debts get discharged in bankruptcy. If you’ll still have to pay your most worrisome bills after filing for bankruptcy, then filing probably won’t be good idea. Also, creditors with these types of debt can use collection techniques like wage garnishments or bank levies even without a judgment.
Can I keep my house and car in a Chapter 7?
By applying bankruptcy exemption laws to their lists of assets, most people filing Chapter 7 bankruptcy are able to keep their houses and cars if: Their budgets enable them to keep up with a mortgage and car loan payments.
How much does it cost to file Chapter 7 in California?
It now costs $306 to file for bankruptcy under chapter 7 and $281 to file for bankruptcy under chapter 13, whether for one person or a married couple. The court may allow you to pay this filing fee in installments if you cannot pay all at once.
How do I file Chapter 7 with no money?
In other circumstances you may be able to file a petition with the court to reduce or eliminate your Chapter 7 filing fee. Finally, the best possible advice for any who has any amount of income through a job is to stop paying anyone and take your next paycheck directly to a bankruptcy attorney.
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