BlendedFamily
addict
Reged: 10/28/04
Posts: 436
Loc: The "Sunshine" State
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In light of the Bankruptcy Act of 2005 that changed the time period of being able to file bankruptcy again from 6-8 years...is that retroactive to prior to Oct. 2005 or for anyone that files after Oct. 2005?
A friend of mine is going through a divorce and they filed jointly in the beginning of 2001 and now are planning on filing again.
-Can they file this year or do they have to wait til 2009 for a Chapter 7? Thanks.
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-Remarriage is an excellent test of just how amicable your divorce was- Margo Kaufman
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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Hmmmmmmmmmmm...I couldn't find any information on that specific question. Consulting with a bankruptcy attorney is generally free...which is my suggestion.
I do know that a Chapter 7 bankruptcy can be filed every 8 years from a previous chapter 7 filing or 6 years from a prior chapter 13 filing, and that a Chapter 13 can be filed 4 years from a prior Chapter 7 filing or 2 years from a prior Chapter 13 filing.
So at worst...they could file a 13 and then convert to a 7 when eligable.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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How on earth could they be filing again 6 years later? What credit/debt could they even possibly have? Wow, what a pickle...
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13.1...because I am only half crazy!
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rocketgirl
Carpal \'Tunnel
Reged: 06/24/04
Posts: 8562
Loc: On the beach in 14 years...
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I think they need to be trying to find a way to PAY the debts they've incurred AGAIN.. obviously they didn't learn very much the first time! Why should the taxpayers have to pay for their poor decisions more than once?
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Lisa
Diplomacy - the art of telling someone to go to hell, and them looking forward to the trip.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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Why should the taxpayers have to pay for their poor decisions more than once?
---> Huh? It's NOT the "taxpayers"...it's the creditors that take the loss.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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rocketgirl
Carpal \'Tunnel
Reged: 06/24/04
Posts: 8562
Loc: On the beach in 14 years...
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Which, in turn, affect the taxpayers via higher interest rates, higher prices, etc...
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Lisa
Diplomacy - the art of telling someone to go to hell, and them looking forward to the trip.
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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It effects the CONSUMER, NOT the taxpayer and yes, there is a difference because EVERYONE has to pay taxes, but NOT everyone is going to consume in the same manner.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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rocketgirl
Carpal \'Tunnel
Reged: 06/24/04
Posts: 8562
Loc: On the beach in 14 years...
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I just see it differently... semantics, if you will.
As far as the creditors go... if they are credit card companies, they deserve every screwing they get by bankruptcy. It is the other people who suffer when someone files bankruptcy without even trying to pay their debts.
I know *I* sure took it without any KY when my ex did it.
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Lisa
Diplomacy - the art of telling someone to go to hell, and them looking forward to the trip.
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Miranda
Carpal \'Tunnel
Reged: 06/02/05
Posts: 20822
Loc: North of Mexico
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People like that should not be able to have anything for credit much less file BK twice in 6 years. RIDICULOUS!
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13.1...because I am only half crazy!
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19803
Loc: Third rock from the sun
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People who file bankruptcy generally do so because of credit card debt or medical bills so I'm not sure who all the other "people" are who are suffering.
Some people who file, I feel geniunely sorry for, others (like my sister) I feel are screwing the system.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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