If you filed a bankruptcy case in the past and received a discharge of your debts, but find that you need to file for bankruptcy again to discharge your debts, then you need to know when you can refile.  Bankruptcy Code Sections 727(a)(8) and (8), and 1328(f) set forth the applicable the waiting periods:

If you want to file a chapter 7 bankruptcy now, then you must wait to file:

- 8 years from the date you filed your past chapter 7 case

- 8 years from the date you filed your past chapter 11 case

- 6 years from the date you filed your past chapter 12 case

- 6 years from the date you filed your past chapter 13 case

If you want to file a chapter 13 case now, then you must wait to file:

- 4 years from the date that you filed your past chapter 7 case

- 4 years from the date that you filed your past chapter 11 case

- 4 years from the date that you filed your past chapter 12 case

- 2 years from the date that you filed your past chapter 13 case

There may be other reasons to file a bankruptcy earlier than the deadlines permit, so I still recommend that you seek out bankruptcy advice if you feel that you really do need to file for bankruptcy soon.  These deadlines apply only if you are seeking a discharge of your current debts, and received a discharge in your past bankruptcy case.

The means test numbers are all new, as of May 1, 2012.  Here is a comparison between the means test number prior to May 1, 2012, and after May 1, 2012.  Under the new means test numbers, the median annual income has increased for people living in California.  Now, the median income of a family of 1 is $49,188 (compared to last year, which was $47,683).  The median income of a family of 2 is now $63,481 (before: $61,539), a family of 3 is $68,135 (before: $66,050), and a family of 4 is $77,167 (before: $74,806).  The monthly national living allowance, monthly national health allowance, monthly local living costs allowance, and monthly vehicle ownership and transportation costs have also all increased.

I haven’t looked at the numbers for all of the other states, but I did look at a few others, and it looks like the median income and the other numbers increased in at least those states too.  Hopefully, this is good news for the national economy in general!

After you file your bankruptcy case, you must take a 2 hour financial management course, which is done either online or by telephone.  If you do not take this course, then the Bankruptcy Court will not enter the order discharging your debts.

In order to understand what my clients go through when they take this course, I recently took it from a course provider called ypside (at ypside.com).  They charge $15 for the course, which is a lot less than many of the other course providers out there!  I found the course to be pretty interesting.  Here is a summary of what happens during the course:

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When you file for bankruptcy, you are required to list all of your property, including all of your household goods and furnishings, and you are required to list the replacement value of these items.  Many of my clients want to know whether the bankruptcy trustee will come to their homes to check on the value of these items.  And I tell them the same thing in every case: it is very, very unusual for a trustee to do this, and it is only in instances where there is a special type of property, or if the trustee questions the value of the home itself.  For instance, if you own a Picasso painting, and you list a value as $200, well then, the trustee will certainly want to ask you how you arrived at such a low value for what is certainly a high value property, and she may want to have her appraiser see the painting itself.  Also, if you have a home or property in a neighborhood where the homes generally have a value of $500,000, but you list your home value as $100,000, then there is a chance that the trustee will want to have her appraiser come to the home to check the value of the home.

So in general, no – the trustee is not going to spend her time, energy and money checking on the value of your couches, kitchenware and clothing.  But if you have a special type of property, or if your home value is significantly lower than other homes in your neighborhood, then yes – there’s a chance that the trustee will indeed want to check the value you listed in your bankruptcy schedules.