QUESTION
Can I file bankruptcy for the second time if my first filing happened in 2005?
Asked on Apr 29th, 2013 on Bankruptcy - New Jersey
More details to this question:
I filed bankruptcy in 2005 and I'm now a single mother that just finished school and I have credit card and hospital debt that I need to file on again.
18 ANSWERS
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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There is an 8 year bar to discharge. Wait until it has been over 8 years since your previous bankruptcy. Alternatively, you are eligible to file chapter 13 now.
Answered on May 02nd, 2013 at 3:03 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You can file another chapter 7 eight years after filing the last chapter 7.
Answered on May 02nd, 2013 at 2:16 AM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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You have to wait 8 years between the filing dates of two chapter 7 bankruptcies.
Answered on May 02nd, 2013 at 1:46 AM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If it's been eight years you can probably file again.? See a lawyer, and good luck.
Answered on May 02nd, 2013 at 1:25 AM
The answer to your question depends on what type of bankruptcy you filed in 2005, and whether you obtained a discharge in the case. Assuming you did get your discharge, here are the rules: If you filed a Chapter 7, you must wait 8 years from the filing date to file another Chapter 7, or 4 years to file Chapter 13. If you filed Chapter 13, you must wait 6 years from the filing date to file Chapter 7 or 2 years to file Chapter 13.
Answered on May 02nd, 2013 at 1:24 AM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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If your previous case was a Chapter 7, you can file another 7 after 8 years have passed and you otherwise qualify.
Answered on May 02nd, 2013 at 1:18 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will need to speak with a bankruptcy attorney with the details of your circumstances.
Answered on May 01st, 2013 at 2:22 PM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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You can file another chapter 7 8 years after the date you filed in 2005. You can file a chapter 13 at any time now.
Answered on May 01st, 2013 at 2:22 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Must be a full 8 yrs. From date of your last discharge.
Answered on May 01st, 2013 at 2:21 PM
You are allowed to obtain a chapter 7 discharge of your debt once every eight years. If your discharge date is eight or more years ago, you should be able to file a new bankruptcy. Please make sure you file with an experienced bankruptcy attorney as filing pro se has to be one of the all time worst mistakes a person can do with their financial life.
Answered on May 01st, 2013 at 2:20 PM
Information provided doesn't create an attorney/client privilege nor constitute an offer of services and is only general responses to hypotheticals
Domestic Relations Attorney serving Milford, MI
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Gabel, Gudmundsen & Gabel, P.C.
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It all depends on the chapter of the bankruptcy code you proceeded under in 2005 and what chapter you intend to use now. There are basically two chapters available to consumer debtors: Chapter 7 and Chapter 13. There has to be two years between a Chapter 13 filing followed by another 13 filing. There has to be four years between a Chapter 7 followed by a Chapter 13; six years between a Chapter 13 followed by a Chapter 7; and 8 years between two chapter 7 filings.
Answered on May 01st, 2013 at 2:20 PM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Usually yes. To receive a discharge or forgiveness of your debts, the time between your last Chapter 7 filing date and the new Chapter 7 filing date must be 8 years. Things change if the previous bankruptcy was a Chapter 13.
Answered on May 01st, 2013 at 2:19 PM
If you received a discharge in 2005 and want to file a Chapter 7, you will need to wait until after the anniversary of your 2005 filing to file another Chapter 7. You must wait 8 years to file to seek another discharge in a Chapter 7.
Answered on May 01st, 2013 at 2:19 PM
Deborah F. Bowinski
You must wait until 8 years have passed before filing again so the date that you filed back in 2005 will be quite important.
Answered on May 01st, 2013 at 2:19 PM
Bankruptcy Chapter 7 Attorney serving Louisville, KY
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Thornhill & Holt, PLLC
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If you filed BK in 2005, you will be eligible sometime this year, depending on the month you filed.
Answered on May 01st, 2013 at 2:19 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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If you filed a Chapter 7 case before, you need to wait 8 years from the date you filed the other case before you qualify again. If you filed a Chapter 13 or 11 before, you should be fine to file now.
Answered on May 01st, 2013 at 2:15 PM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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It depends on the Chapters involved and if both are Chapter 7 it depends on the exact date as we're only through May 1st of 2013. Eight years must pass from the filing of a Chapter 7 to a subsequent filing of a Chapter 7 (so a case filed prior to May 1st of 2005 would be fine). Any other Chapter combination is even less time and would have already passed (filing a Chapter 7 after filing a Chapter 13 = 6 years, filing a Chapter 13 after Chapter 7 = 4 years, and filing Chapter 13 after Chapter 13 = 2 years). There is no time limit if a discharge was not received (e.g. a Chapter 13 that was dismissed for non-payment).
Answered on May 01st, 2013 at 2:14 PM
Chapter 7 Bankruptcy Attorney serving Cherry Hill, NJ
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Robert H. Johnson, LLC
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It depends when you filed and what chapters you filed. You may file a chapter 7 every 8 years.
Answered on May 01st, 2013 at 2:13 PM