QUESTION

Can I file another bankruptcy after filing a chapter 7 two years ago?

Asked on May 04th, 2013 on Bankruptcy - Michigan
More details to this question:
N/A
Report Abuse

16 ANSWERS

Bankruptcy Attorney serving Hampton, VA at Haven Law Group, P.C.
Update Your Profile
No. You would have to wait 8 years total to file another chapter 7. You can file a chapter 13 after 4 years.
Answered on May 16th, 2013 at 5:14 AM

Report Abuse
Bankruptcy Attorney serving Kalamazoo, MI at Debt Relief Law Center
Update Your Profile
No, can file a Chapter 13 in 4 years if your prior Chapter 7 was discharged.
Answered on May 10th, 2013 at 3:57 AM

Report Abuse
Bankruptcy Attorney serving Phoenix, AZ at Law Office of D. L. Drain, P.A.
Update Your Profile
No - if you got a discharge in the chapter 7 then you must wait 8 years after filing a chapter 7. But you can file a chapter 13. Please understand that bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on May 08th, 2013 at 2:13 AM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Appleton, WI at Sisson & Kachinsky Law Offices
Update Your Profile
No. You must wait 8 yrs. From date of discharge.
Answered on May 08th, 2013 at 1:55 AM

Report Abuse
Consumer Finance Attorney serving Vancouver, WA at Robert Russell Law Office
Update Your Profile
You do not qualify to file another Chapter 7 (assuming you received a discharge in the earlier case). You are not disqualified from filing a Chapter 13, although you would not be entitled to a discharge upon completion.
Answered on May 07th, 2013 at 3:21 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
Most probably not, however you should see a bankruptcy attorney for counsel if you believe you might qualify for an exception.
Answered on May 07th, 2013 at 3:21 PM

Report Abuse
Yes, you can file another Chapter 7, but you cannot receive a discharge (forgiveness) of your debts. To receive a discharge you must file a Chapter 7 more than 8 years after the filing date of your last Chapter 7.
Answered on May 07th, 2013 at 3:20 PM

Report Abuse
Personal Bankruptcy Attorney serving Portland, OR
2 Awards
If you received a discharge in your Chapter 7, you have to wait 8 years from the filing of that case to file another Chapter 7. You can file a Chapter 13 case 4 years after that filing date.
Answered on May 07th, 2013 at 3:20 PM

Report Abuse
Yes, Chapter 13.
Answered on May 07th, 2013 at 3:19 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI at Law Offices of Deborah A. Stencel
Update Your Profile
You can file a Chapter 13 at this time, but you won't be able to discharge your debts. You can use the bankruptcy to keep the creditors at bay, pay off mortgage arrears, and/or save your car from repossession. The time limits between Chapter 7s is eight years.
Answered on May 07th, 2013 at 3:19 PM

Report Abuse
Bankruptcy Attorney serving Las Vegas, NV at A Fresh Start
Update Your Profile
You can file a Chapter 13 bankruptcy but you will not be eligible to discharge any of your debts in this second filing.
Answered on May 07th, 2013 at 3:18 PM

Report Abuse
Bankruptcy Attorney serving Dallas, TX at Polk & Associates
Update Your Profile
Yes, you can file another bankruptcy case. Whether the new case will get you a discharge and what chapter it should be filed under will depend on some of the circumstances that were involved in your Chapter 7 case two years ago. But you are allowed to file again.
Answered on May 07th, 2013 at 3:18 PM

Report Abuse
Deborah F. Bowinski
Assuming your last case was a chapter 7 filing, You must wait four years from your filing date before you are eligible for a discharge in a new chapter 13 case or eight years before you are eligible for a discharge in another chapter 7 case.
Answered on May 07th, 2013 at 3:17 PM

Report Abuse
Bankruptcy Law Attorney serving Livingston, NJ
2 Awards
In NJ. If your case was not dismissed, then you can file a new Chapter 7 eight years after your original petition date.
Answered on May 07th, 2013 at 3:17 PM

Report Abuse
Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
Update Your Profile
No. You would not receive a discharge.
Answered on May 07th, 2013 at 3:16 PM

Report Abuse
Domestic Relations Attorney serving Milford, MI at Gabel, Gudmundsen & Gabel, P.C.
Update Your Profile
There has to be eight (8) years between two Chapter 7 bankruptcies.
Answered on May 07th, 2013 at 3:16 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters