QUESTION
Can I file bankruptcy again if I filed less than 8 years ago?
Asked on Jan 16th, 2016 on Bankruptcy - Oregon
More details to this question:
I filed bankruptcy less than 8 yrs ago. I am in financial trouble again due to circumstances that I couldn't not control.
9 ANSWERS
Derek W. Freeman
This question cannot be answered with any degree of certainty based on the information you've given. Whether you can file a bankruptcy now depends on what chapter of the bankruptcy code you filed under previously, and when. If, for instance, you filed under chapter 13 of the bankruptcy code more than six years ago, you can file under chapter 7 and receive a discharge. On the other hand, if you filed under chapter 7 seven years ago, you cannot file another case under chapter 7 right now. However, you could file a case under chapter 13 and still receive a discharge. So whether you can receive a discharge in a bankruptcy depends on what chapter you file under now, what chapter you filed under previously, and when you last filed bankruptcy. The actual timing requirements can be quite complicated depending on your situation. You should consult an attorney.
Answered on Feb 10th, 2016 at 7:25 AM
2 Awards
You may file a chapter 13 if your prior bankruptcy was a chapter 7.
Answered on Feb 10th, 2016 at 7:24 AM
If it has been at least four years, you can file a Chapter 13. You would make a small payment monthly for 36 months. Meet with an experienced BK lawyer to discuss your needs, and your options. Good luck!
Answered on Feb 10th, 2016 at 7:24 AM
You could file bankruptcy again, but you cannot get another discharge to eliminate your debts by filing a Chapter 7 case. If you are willing to commit to making payments the court decides you can afford, you can file Chapter 13 to pay a portion of your debts over a 3 ? 5 year period of time. Other options may be available to you as well.
Answered on Feb 10th, 2016 at 7:23 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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You can only file a chapter 7 bankruptcy every 8 years. However, you may be able to file a chapter 13 bankruptcy?
Answered on Feb 10th, 2016 at 7:22 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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You may be able to file under chapter 13 if more than 4 years have passed since your filing of the earlier case if it was a Ch 7.
Answered on Feb 10th, 2016 at 7:22 AM
Bankruptcy Chapter 7 Attorney serving Fort Collins, CO
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The Salas Law Firm LLC
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You may be eligible for a Chapter 13, you are not eligible for a Chapter 7.
Answered on Feb 09th, 2016 at 8:46 AM
You could qualify for a chapter 13 bankruptcy rather than chapter 7, but it requires you to make payments to the best of your ability for a minimum of 3 years unless the debts are paid off in less time. It does require regular income of some kind, even if only unemployment benefits. Without regular income, you may have to sell assets. If you don't have any assets or income, of course, then you are judgment-proof and you can tell the creditors that and ask them to leave you alone.
Answered on Feb 09th, 2016 at 3:25 AM