Who Can Re-File for Bankruptcy?

Our Caring NJ Bankruptcy Lawyers Can Assist You With The Bankruptcy Re-Filing Process

Bankruptcy can provide a fresh start for individuals and families. But sometimes circumstances don’t make a fresh start possible. If you are facing overwhelming debt and have filed for bankruptcy before, you may not be able to file again. Should you not be eligible, or should it not be your best option for protecting your interests, a knowledgeable bankruptcy attorney can also advise you regarding the possibility of loan modification for saving your home in Central or South Jersey.

The caring New Jersey bankruptcy lawyers at Brenner Spiller & Archer will meet with you to determine if you qualify for a different type of bankruptcy this time around. For more than 30 years, we have been dedicated to helping individuals get through their financial struggles. You also may be permitted to file the same Chapter again.

Can You Still File for Bankruptcy Under the 2005 Law?

There is a common misconception that the 2005 bankruptcy law made it impossible for individuals to file for bankruptcy. This is not true. Our attorneys will evaluate your financial situation to determine whether you can file or re-file for bankruptcy. We will then help you through the bankruptcy process, including obtaining a credit counseling certificate and representing you in bankruptcy court.

Filing a Chapter 13 Bankruptcy After a Chapter 7 Bankruptcy

If you filed a Chapter 7 bankruptcy less than eight years ago, you may be able to get rid of the same kind of personal debt in a Chapter 13 bankruptcy now.

Filing Chapter 13 bankruptcy may let you completely discharge unsecured debt, although there are other benefits to entering into a Chapter 13 repayment plan. While some types of debt must be paid to save a car or house, others can be completely wiped out.

Filing a Chapter 7 Bankruptcy After a Chapter 13 Bankruptcy

You may be able to bring a Chapter 7 bankruptcy if a Chapter 13 bankruptcy does not sufficiently reduce your debt and help your economic situation. Your eligibility for Chapter 7 bankruptcy will depend on a variety of factors, including the amount of secured debt you were able to discharge in your Chapter 13 bankruptcy.

A Chapter 7 bankruptcy is a straight bankruptcy that quickly discharges the debt. In order to be eligible for Chapter 7, you must pass the means test analysis, which shows the court that your financial situation requires a fresh start.

Contact Our Experienced, Caring South Jersey Debt Relief Lawyers

If you have filed for bankruptcy protection in the past, but once again find yourself overwhelmed by debt, we can help you. At Brenner Spiller & Archer, we provide friendly, caring and affordable legal services. We serve clients throughout central and south Jersey with offices in West Berlin, Mount Holly, Vineland, and Freehold.  If you need a bankruptcy lawyer, call 856.963.5000 today to schedule your free consultation.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.