NJ BANKRUPTCY 911

(201) 673 – 5777

NJ BANKRUPTCY 911

(201) 673 – 5777

The Bankruptcy Code is a federal law so it is applies in all states although each Bankruptcy Court may apply the law differently.

You can file a Chapter 7 case every eight years.  However, if you are in over your head after filing a Chapter 7 Bankruptcy, you can file a Chapter 13 Bankruptcy case and propose a payment (often small—although based on what you can afford).  In New Jersey the Courts routinely allow the filing of the Chapter 13 four years after filing a Chapter 7; however, an argument is occasionally made that the debtor (the person filing for bankruptcy) is filing a “disguised Chapter 7”.

Many people who are under employed file repeatedly because they simply do not make enough money to live.  For example, many people need to refile because they do not have health insurance and have medical bills.

I have not personally heard that argument from the Chapter 13 Trustee I appear before routinely but it does come up.  You should speak to a bankruptcy attorney in your state to discuss refiling.

If you are filing a Chapter 13 after having filed one previously an attorney will have to ask you a number of questions in order to determine whether you will be able to receive a discharge.

There are often reasons for people to file a Chapter 13 even if they will not receive a discharge.