Weatherford, TX asked in Bankruptcy for Texas

Q: I wanted to know if i can file ch 7 a 4th time in TX?

Medical and credit card debt.

Related Topics:
3 Lawyer Answers
David Earl Phillips
David Earl Phillips
Answered
  • Bankruptcy Lawyer
  • Nashville, TN

A: The question is can you get a discharge? Under the current bankruptcy law, you are able to receive a discharge (Get rid of your debt) only once every 8 years under a chapter 7 filing. You count the 8 years from filing date to filing date. See a bankruptcy lawyer near you and let them review your options. Hope it works out. Good luck!

Mr. J. Thomas Black
Mr. J. Thomas Black
Answered
  • Bankruptcy Lawyer
  • Licensed in Texas

A: Under current law you can file chapter 7 bankruptcy every 8 years. I don't know why you would not be able to file a 4th time, so long as you did not incur the debt intentionally with the intent to file bankruptcy.

Harriet Langston
Harriet Langston
Answered
  • Bankruptcy Lawyer
  • Houston, TX
  • Licensed in Texas

A: There is no simple answer to this question. I encourage you to consult with a qualified bankruptcy lawyer in the area where you live. Texas is a big place, but I know several people in your area who would give you very good advice on this issue.

In order to give you a useful answer, your lawyer will need to know the information about your previous bankruptcy cases. Did you receive a discharge in the prior cases? Were the cases dismissed? When were the cases filed? How much time passed between the filings?

All this information is important and may likely determine the answer to your question of whether you may file Chapter 7 a fourth time. Sometimes it may be OK, and sometimes it may not be OK. These are only the threshold issues. Many other important issues may also prevent your success in Chapter 7, and you should discuss those with any lawyer you consult.

Good luck.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.