Over 1 million people filed bankruptcy in 2009. Unfortunately, statistics are coming out showing an incredible increase in bankruptcy filings between 2009 and 2010.
Under bankruptcy law, you are only allowed to file bankruptcy under certain conditions. Beyond how much you make or how much you owe, if you’ve filed only a short period ago, you have to wait to file bankruptcy. In Georgia and all other 50 states, if you filed Chapter 7 bankruptcy less than 8 years ago or Chapter 13 less than 6 years ago, you cannot file again until that time has passed.
Where does that leave you? Do you really need to file a second time? This blog post guides you through the most important points when considering filing for bankruptcy a second time.
Making the Decision
Should you really file a second time? By law, you can be eligible. 6-8 years is a long time between filings. Sometimes filers have jobs or ways of life which lead to filing bankruptcy multiple times through a lifetime. Maybe you’re in a job where you get laid off often, or maybe you just have some bad spending habits. The choice should be made with some guidance, but bankruptcy is an option and is on the table.
If You’re Not Eligible
Bankruptcy is an option if you’re eligible. Even if you waited long enough to file a second time, you have to understand the new bankruptcy code. Along with changing how often consumers can file, it also changed how common Chapter 7 bankruptcies are and what debts you can successfully discharge. You may have made too much money in the past year to file Chapter 13. On the other hand, you may have used money to invest in a home or property; if you want to keep it, protecting it with a Chapter 13 bankruptcy may in fact be better. You have options.
Financial Help
If you have been having money troubles all your life, if you spend too much when you have little, if you tend to spend all your paycheck days before you’re next one, you may want some financial counsel. There are some organizations willing to help you. Just like a gambler playing blackjack, spending money itself can be an addiction, and you may consider going beyond the financial problem and considering someone you can talk to like a therapist, even if only for a few sessions.
What Debts You Have
If you are filing a second time, compare the debts you have to the debts you had before. Have you run into the same problems? Maybe you are overspending on a home, or buying the brand new truck and maxing out your credit cards? Also consider what of this you can afford to keep. You don’t lose everything in bankruptcy, especially if you have some funds.
Hire a Good Georgia Lawyer
If you had a good relationship with your previous Georgia bankruptcy lawyer, you may consider them again if possible. If you want to hire a new one, remember to consult with several lawyers, be plain on the fees you can afford, see what their availability is, and also ensure they have relevant experience.
Stop Spending
If you file a second time, with the new bankruptcy laws you have to wait a long time before you can file again. It’s time to consider how spending may be your problem. In some situations, it’s not your fault. A hospital bill came or you lost your job. In others, you fell in love with your credit card and couldn’t stop. It will be very hard to file a third time, so make this filing the last.
