Can I file for chapter 7 and stop garnishment for a vehicle even though I filed in 2012? 10 Answers as of February 24, 2016

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Stephens Gourley & Bywater | David A. Stephens
You can, but you are not eligible for a discharge, so the garnishment would survive the bankruptcy. You may be eligible to file for chapter 13 and get a discharge.
Answer Applies to: Nevada
Replied: 2/24/2016
Novakov & Associates, PLLC
Novakov & Associates, PLLC | LINDA S. NOVAKOV
No, if you previously filed a chapter 7 bankruptcy petition, you can not file another Ch. 7 petition for 8 years. You may however qualify for a Chapter 13 filing. Contact a local attorney to verify that you would qualify - that would impose the automatic stay and stop any garnishment.
Answer Applies to: Kentucky
Replied: 2/22/2016
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
No, you need 8 years for a new chapter 7. A chapter 13 might be an option for you. Check with local counsel.
Answer Applies to: California
Replied: 2/22/2016
GARCIA & GONZALES, P.C. | Richard N. Gonzales
A Chapter 13 only. Meet with an experienced BK lawyer.
Answer Applies to: Colorado
Replied: 2/22/2016
Law Office of Michael Johnson
Law Office of Michael Johnson | Michael Johnson
no but you can file a ch 13 possibly which would stop the garnishment and could be a very small payment like 55 a month.
Answer Applies to: Florida
Replied: 2/22/2016
    Patrick W. Currin, Attorney at Law | Patrick Currin
    No, you cannot file until after the filing date in 2020.
    Answer Applies to: California
    Replied: 2/22/2016
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    No. You cannot file chapter 7 for 8 years. Your only option is a chapter 13 which would require a repayment plan for 3-5 years, depending upon your income.
    Answer Applies to: Nevada
    Replied: 2/22/2016
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Although you could file a Chapter 7, you would not be able to receive a discharge if it has been less than 8 years since you filed your previous Chapter 7 case and you received a discharge. But filing Chapter 7 could temporarily stop a garnishment, although not a repo. I can think of several other options that might be more appropriate to solve this debt problem.
    Answer Applies to: Nevada
    Replied: 2/22/2016
    Ronald K. Nims LLC | Ronald K. Nims
    Not if you received a discharge in your 2012 case. The waiting period between chapter 7 is 8 years.
    Answer Applies to: Ohio
    Replied: 2/22/2016
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    All though it is a rare event, you could file under that chapter, but you could not get a discharge of Jets this soon. So the question is whether it is worth your effort to hold them off for a few months or not.
    Answer Applies to: Wisconsin
    Replied: 2/22/2016
Click to View More Answers: