QUESTION
Can I file bankruptcy now on my own if in 2012, my husband, who has now passed away, and I jointly filed chapter 7?
Asked on Feb 08th, 2017 on Bankruptcy - Oregon
7 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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No, you must wait until 8 years has passed since the 2012 filing date of the previous Ch. 7. If eligible for Ch. 13, you should explore that possibility with a bankruptcy attorney.
Answered on Apr 19th, 2017 at 7:51 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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No. you can file under chapter 13 if four years have passed since you filed chapter 7. You could also file under chapter 13 if two years have passed since the Date you filed the prior case Find an experienced bankruptcy lawyer. It's almost always worth the investment.
Answered on Apr 17th, 2017 at 8:43 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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You can't file another chapter until 8 years after the date you filed in 2012. However, you can file a chapter 13 now.
Answered on Apr 17th, 2017 at 8:43 AM
Well you are not presently eligible to file another Chapter 7 until it has been less than 8 years since filing a previous Chapter 7. You can, however, file a Chapter 13 and pay a portion of your debts, if you need bankruptcy protection.
Answered on Apr 17th, 2017 at 8:42 AM
No. You have to wait eight years from the date of filing. However, you qualify for a Chapter 13. You would be required to make a small payment for 36 months, then the balance of all debts will be discharged.
Answered on Apr 17th, 2017 at 8:42 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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No, the limit between Chapter 7 bankruptcies is 8 years or 6 years between a Chapter 7 and a Chapter 13. Since you were part of a 2012 Chapter 7, you will not be able to file a Chapter 7 until 2020 or a Chapter 13 until 2018.
Answered on Apr 17th, 2017 at 8:42 AM
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There must be 8 years between chapter 7 filings. A person can file a chapter 13 and receive a discharge 4 years after a chapter 7.
Answered on Apr 17th, 2017 at 8:41 AM