Escondido, CA Bankruptcy Law Firms & Lawyers

No. You simply cannot file if the 8 years from the date of the filing of the bankruptcy case in which you received your discharge have not elapsed. However, if you are married, your spouse maybe able to file to protect you as well or you can file a Chapter 13 case. You should consult an experienced attorney to try to find a solution for you.

You can stop the repossession of your rental unit if it has not occurred yet. You will probably have to work something out to get the property they probably have changed the locks, but they cannot take any actions to collect on your rent. That is what a notice of bankruptcy does.

Yes, you are required to list anyone or any entity to whom you owe money, or anyone to whom you might owe money in the future. Even if you do not list a creditor, it is very likely that the card would be canceled anyway. All credit card companies have the right to pull your credit on a regular basis. My experience is that these days, the banks are looking for reasons to cancel cards and if they discover later that you filed bankruptcy, they will usually cancel your card even if they were not listed in the bankruptcy. Further, some credit card companies, like American Express, actually go out and actively seek bankruptcy information. If you file bankruptcy, don't list American Express in your bankruptcy, but you have a card with them, they will cancel the card within a week even if you don't owe them a penny when you file. Finally, many credit cards are serviced by the same few banks, so notice to one may trigger cancelation of another. In short, these days it is almost impossible to keep a credit card through bankruptcy. The sole exception may be credit union accounts, so long as you don't owe them anything else that gets discharged in bankruptcy. Your best bet is to file bankruptcy, clear all of your debt and before you even receive your discharge, you will start receiving offers for secured credit cards. Start with that, and rebuild your credit. Over a million people filed bankruptcy last year - most in similar financial condition as you - and they all generally survive without a credit card. You would be surprised what you can do once freed of the cards. With a judgment, they can garnish wages, levy bank accounts, and require you to go to court for Judgment Debtor exams. With a judgment, a creditor can really, really mess with you. Judgments are good for 10 years, and can be renewed for another 10, so that creditor isn't just going away soon. David L. Gibbs, Esq.The Gibbs Law Firm, APCSan Clemente, Californiadavid.gibbs@gibbslaw.com *Due to the limitations of the Lawyers.com Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. Further, information you provide to the Firm through this website is not confidential - it is available publicly to anyone visiting this website. The Firm shall have no obligation to keep the information you provide herein confidential in any context. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. §528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."