What can be done if a debtor falls behind in payments after obtaining a Chapter 7 discharge? Can another bankruptcy case be filed?

Posted on April 13, 2009. Filed under: Uncategorized |

The discharge in a Chapter 7 case only covers the debts that were incurred before the case was filed.  The bills that a debtor incurs after the case is filed are not discharged.  The hope is that, after their old debts are cancelled by the discharge, debtors will be able to pay their new obligations as they become due.  But, unexpected circumstances, such as illness or loss of employment, may again put debtors in a situation where they can not pay their bills.  In this situation, a debtor could file another Chapter 7 case but their might not be a right to a discharge.  Generally, after a debtor recieves a discharge in a Chapter 7 case, the debtor only has the right to recieve a discharge in a later case if the later case is filed eight (8) years after the first case was filed.  However, even during this eight (8) year “waiting” period, debtors may still be able to obtain relief in Chapter 13 bankruptcy under certain circumstances.

For detailed information on this topic and other information about your financial situation, please contact the Office of John Rogers, Attorney at Law at johnrogers@glasgow-ky.com   or toll free at 1-888-651-9353.  We are Board Certified – Consumer Bankruptcy Law – American Board of Certification and a member of the National Association of Consumer Bankruptcy Attorneys.

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