Monthly Archives: December 2009

With the current financial crisis that we are under we get asked this question quite a bit. Hopefully this will help answer those questions for you.

Can I File Chapter 13 After Filing A Chapter 7? Yes, you can file for Chapter 13 any time after your Chapter 7 bankruptcy is discharged.

Can I file Chapter 7 if I filed Chapter 7 a few years back? Only if it was over 8 years ago. But as an individual (versus a corporation) you have the option to file a Chapter 13 any time after your Chapter 7 bankruptcy is discharged.

How do I know when my Chapter 7 bankruptcy was discharged? You should have or will receive a notice from the bankruptcy court where you filed your Chapter 7 bankruptcy.

Most people who file a Chapter 13 bankruptcy are trying to save their homes from foreclosure, so it may be a better option than a Chapter 7 bankruptcy where you may have to sell your home and use any equity you may have to pay your creditors. For more specific information on your options based on your personal information, it is best to get advice from an experienced bankruptcy attorney.

If you would like to speak to an attorney about your specific situation then contact Jill or Steve at The Law Offices of Jill McDonald. You can call us at (727)231-4300 or visit our website JillMcDonald.com.

Amassed credit card debt and a mortgage is enough to drive many to bankruptcy, especially after a life event such as the loss of a job or the passing on of a partner. Throw in a second mortgage and the financial troubles get even worse.  Usually what is necessary in this situation is to modify the first mortgage, a small offering to the credit card companies and avoid the second mortgage altogether.

One approach that has recently been used is to combine a chapter 13 bankruptcy with a federal government program known as HAMP (The Home Affordable Modification Program) to modify the first mortgage. Once that is done then you may be able to strip off the second mortgage if it is deemed “underwater” and then there would be an offer of a small dividend to the credit card companies.

To speak to an experienced attorney about bankruptcy and how it could help you contact Jill or Steve at The Law Offices of Jill McDonald. Give us a call at (727)-231-4300