QUESTION
Can I file bankrupcty again after two years?
Asked on Jun 23rd, 2012 on Bankruptcy - Massachusetts
More details to this question:
I filed chapter 7 bankrupcty about two years ago . I got my self back in debt with a car and credit cards and some other bills and I recently lost my job and can't afford to pay nothing and I was wondering if I can file again
19 ANSWERS
William C. Gosnell
Eight years from the discharge date you may file again.
Answered on Jun 29th, 2013 at 12:34 AM
Daniel James Wilson
No.
Answered on May 29th, 2013 at 2:53 AM
Burton J. Green
You can not file another chapter 7 for 8 years after your previous chapter 7 was filed. However, you can file for chapter 13 to spread the payments over several years.
Answered on Jul 10th, 2012 at 3:24 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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You have to wait at least 8 years before you can file for bankruptcy again.
Answered on Jul 09th, 2012 at 2:24 PM
Barbara A. Fontaine
You cannot file again so soon.
Answered on Jul 06th, 2012 at 8:06 PM
Not yet. You can file a chapter 13 in 2 more years (4 years from date of filing to date of filing), but you need 6 more years to file another 7. You can file a chapter 13 right now, but you won't get a discharge at the end, so the only thing the 13 will do for you if you don't wait out the time is allow you to pay the debt over 3 to 5 years with no interest on the credit cards and much lower interest on the car. In the meantime, they can't get blood from a stone. Pay your food and rent and insurance and utilities and let everything else go. Don't allow bill collectors to pressure you into paying them when you have higher priorities.
Answered on Jul 06th, 2012 at 8:03 PM
Bankruptcy Attorney serving Washington, DC
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Law Offices of Diann C. Moseley
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No. You are barred from filing another chapter 7 for eight years from the date of the last filing. You are eligible to file a chapter 13 but you should consult with an attorney to see how a chapter 13 will work for you given your prior chapter 7.
Answered on Jul 06th, 2012 at 3:34 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes, but you have to file a chapter 13. You are not eligible for another chapter 7 for eight years after filing the last one. A chapter 13 is very complicated and you will need a good chapter 13 attorney. Therefore, it is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Jul 06th, 2012 at 3:19 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You are too soon to file again and get relief under chapter 7 you may be able to do a chapter 13 and make a plan to pay all or a portion of your bills.
Answered on Jul 06th, 2012 at 3:15 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If you filed bankruptcy over 8 years ago you are entitled to a discharge under chapter 7; the time period for chapter 13 discharge is 4 years.
Answered on Jul 06th, 2012 at 2:09 PM
Assuming you obtained a discharge in your prior Chapter 7, you may not obtain a discharge through a Chapter 7 if you file right now, but you may file a chapter 13 to get relief from collection and propose a plan to pay the debts, but you will not be eligible for a discharge of the debts. You will have to wait another 2 years (4 years total) to file a chapter 13 if you want a discharge there, or wait another 6 years (8 years total) to get another discharge through Chapter 7. Time is from date of filing to date of filing.
Answered on Jul 06th, 2012 at 2:05 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally no, see your previous bankruptcy counsel.
Answered on Jul 06th, 2012 at 2:05 PM
Bankruptcy & Debt Attorney serving Syracuse, NY
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Theodore Lyons Araujo
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You can file a Chapter 13, but you cannot get a discharge if you got a discharge in the prior case. This depends on a number of factors. While you must wait at least 8 years between filing two chapter 7 (11 USC 727(a)(8)) bankruptcies (assuming you got your discharge) you need only wait two years between Chapter 13 cases (11 USC ?1328(f)(2)) 4 years between a 7 and a 13 (11 USC 1328(f)(1)) and six years between a 13 and a 7 (if the percentage to the unsecured creditors was under 70%) (11 USC ? 727(a)(9)). Please make sure you consult an attorney because you must fall under the definition of a debtor and you may have to take extra steps not normally performed in a Bankruptcy in order to make sure you are protected by the automatic stay (11 USC 362 et seq.)
Answered on Jul 06th, 2012 at 2:02 PM
Consumer Bankruptcy Attorney serving Worcester, MA
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Law Offices of James Wingfield
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Filing bankruptcy might not be the answer you are looking for at the moment. The Bankruptcy Code does not allow you to *discharge* your debt again in such a short period of time after you first bankruptcy filing. As you indicated in your question, you filed a Chapter 7 case two years ago. Assuming that you received your discharge in your previous Chapter 7 case, you will not be able to file another Chapter 7 case and discharge your debts for another six years (i.e., 8 years from the date you filed your original case in which the discharge was granted). Even if you decide to file a Chapter 13 case, you will need to wait another two years (i.e., 4 years from the date you filed your original Chapter 7 case in which the discharge was granted) to file a Chapter 13 case if you are seeking a discharge. With that said, if what you really are looking to do is to stop a repossession of your car, foreclosure on a mortgage or eviction, you could still file a Chapter 13 case, and make plan payments to catch up with your creditors. Keep in mind, however, you will not be able to discharge the debts in other words, you will still need to pay your debts in full, but the automatic stay might help you out by allowing you time to catch up on your debts. This is a bit of a risky way route, and should only be entered into with the assistance of counsel and only then after considering all of the possible alternatives.
Answered on Jul 06th, 2012 at 1:56 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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You may only file a chapter 7 once every 8 years from the commencement of the prior case.
Answered on Jul 06th, 2012 at 1:55 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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No. You have to wait approximately 7 years before you can file another bankruptcy. You are not alone. Abe Lincoln filed bankruptyc twice.
Answered on Jul 06th, 2012 at 1:53 PM
Sorry, but you have to wait to a chapter 7 bankruptcy eight years after the discharge of the previous chapter 7; four years after the completion of a chapter 13.
Answered on Jul 06th, 2012 at 1:53 PM
You are not eligible for a discharge under chapter 7 for another 6 years (8 years total in between dates of filing) and you are not eligible for a discharge under chapter 13 for another 2 years (4 years total in between dates of filing).
Answered on Jul 06th, 2012 at 1:45 PM
child support Attorney serving Northborough, MA
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Aaron Hutchins
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No. Must wait 7 years.
Answered on Jul 06th, 2012 at 1:43 PM