What is considered "Filing" bankruptcy?

[bfunkjazz]

What is the name of your state? CA

I am curious to find out what does the word "filing" mean when it comes to bankruptcy.

Let's say "Deadbeat A" files for bankruptcy in 2002. The bankruptcy did either not proceed or was denied (I'm not sure yet which is the case). Then, "Deadbeat A" files again this year. Does that fall into the rules of not being able to "file" within the last 8 years per the new rules?

Thank you.What is the name of your state?

 

[toughluck73]

What is the name of your state? CA

I am curious to find out what does the word "filing" mean when it comes to bankruptcy.

Let's say "Deadbeat A" files for bankruptcy in 2002. The bankruptcy did either not proceed or was denied (I'm not sure yet which is the case). Then, "Deadbeat A" files again this year. Does that fall into the rules of not being able to "file" within the last 8 years per the new rules?

Thank you.What is the name of your state?

To answer your question point blank, no it doesn't fall into the 8 year rule, he/she can file again since the original filing was 'apparently/presumably' dismissed.

 

[Shay-Pari'e]

https://forum.freeadvice.com/showthread.php?t=326921

 

[Who's Liable?]

What is the name of your state? CA

I am curious to find out what does the word "filing" mean when it comes to bankruptcy.

Let's say "Deadbeat A" files for bankruptcy in 2002. The bankruptcy did either not proceed or was denied (I'm not sure yet which is the case). Then, "Deadbeat A" files again this year. Does that fall into the rules of not being able to "file" within the last 8 years per the new rules?

Thank you.What is the name of your state?

It depends on exactly WHAT happened, and HOW FAR they proceeded with the BK process... They may have seen a BK lawyer and TOLD you they filed, or they may have actually filled out ALL the paperwork, PAID the actual filing fee per their states requirements, and HAD their 341 meeting... They Trustee MAY have dismissed it due to some irregularity in their paperwork that was done by them or the BK Attorney...

As for the 8 year rule... That does NOT come into affect UNTIL the BK is actually DISCHARGED... Once a BK is discharged, the BK process is over and they can no longer file for the requiremed amount of time...

 

[bfunkjazz]

Thank you

Thank you all for your answers. I appreciate it. I thought that the BK had to be completed for the 8 year rule, just wasn't sure. Thanks.