Technically, bankruptcy laws allow you to file as frequently as you wish, but you will only receive a discharge if enough time has lapsed since your previous discharge. Therefore, it’s important to be aware of the limitations so you do not waste money and time filing for bankruptcy when you are ineligible for a discharge.
The timeframes for receiving bankruptcy discharges differ depending on the type of bankruptcy you file:
Any legal resident of the United States may file for bankruptcy. There is no requirement that you be a U.S. citizen, or even have a green card—anyone who is living in America legally can file for bankruptcy in this country.
In addition, there are no laws that indicate filing for bankruptcy will prevent the United States Citizenship and Immigration Services (USCIS) from approving your green card, visa or application for citizenship. This does not mean that filing for bankruptcy cannot affect your immigration status at all, however.
Individuals who are considering bankruptcy are often concerned about the effect it will have on their employment. For example, will your employer find out you filed for bankruptcy? Could you be fired because of it, or be denied a job during the application phase because of a bankruptcy filing?
As you consider filing for Chapter 7 or Chapter 13 bankruptcy, you may be understandably concerned about the effect it will have on your credit score. However, if you had an excellent credit rating before filing for bankruptcy, you could see a big plunge to you credit.
Your ability to keep your car when filing for bankruptcy depends on several factors, including the type of bankruptcy you are filing, the status of your car payments and the equity status of your vehicle.
If you are facing a potential foreclosure of your home, bankruptcy can help you bring the process to a halt, at least temporarily. This depends on the form of bankruptcy under which you file. The foreclosure process typically begins when you fall behind on your mortgage payments. At a certain point (usually after three or […]
Chapter 13 bankruptcy is one of the most common tools for people to relieve their debt burden and set themselves up for a better financial future. The following are a few of the most common questions our bankruptcy attorneys receive about filing for Chapter 13: Q: How much debt do I have to repay under […]
For those who are struggling to meet their financial responsibilities, bankruptcy can be an option to unburden themselves from their debts and gain a fresh financial start. However, there are many factors you must consider before deciding whether bankruptcy is right for you. Below are some questions you should ask yourself if you are beginning […]
In most cases, debtors are unable to discharge student loan debts in Chapter 7 or Chapter 13 bankruptcy. There is, however, an exception—if you can prove repaying your student loans would force you to undergo “undue hardship,” you may relieve yourself of your responsibility for repaying those debts. The Brunner Test Courts commonly use the […]