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.

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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
  • Houston, TX
  • 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.

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