QUESTION
Can I file chapter 7 or 13 bankruptcy after 5 years?
Asked on Nov 13th, 2016 on Bankruptcy - Colorado
7 ANSWERS
Consumer Bankruptcy Attorney serving Los Angeles, CA
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Orantes Law Firm
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If you filed a 7, you qualify for a discharge in a 13 after 4 years. However, if all you need is a payment plan, you can file a 13 at any time. If you previously filed a 13, you have to wait 6 years to file a 7. You should consult an experienced attorney to get an answer, but it is possible that there is a solution for you.
Answered on Dec 19th, 2016 at 5:38 AM
You can file either one, but if you file a Chapter 7, you will not be eligible to receive a discharge of your debts.
Answered on Dec 16th, 2016 at 5:48 PM
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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If you filed either a Chapter 7 or a Chapter 13 five years ago, you can file a Chapter 13 now but not a Chapter 7.
Answered on Dec 16th, 2016 at 5:47 PM
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A person can file a chapter 13 bankruptcy 4 years after a prior chapter 7 bankruptcy and receive a discharge in the new case. A person can file a chapter 13 2 years after a prior chapter 13 was filed and obtain a discharge. A person can file a chapter 13 6 years after a prior chapter 7 and receive a discharge. A person can file a chapter 7 8 years after a prior chapter 7 and receive a discharge. A person can file a bankruptcy anytime, but they must meet these timelines in order to get a discharge in the 2nd case.
Answered on Dec 16th, 2016 at 5:46 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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I am assuming that what happened 5 years ago was a discharge in a Ch. 7 case. If so, then you can file a Ch. 13 so long as 4 years have passed since the filing date of the prior case in which you got a discharge. You have to wait 8 years if you want to file another Ch. 7.
Answered on Dec 16th, 2016 at 5:46 PM
13.
Answered on Dec 16th, 2016 at 5:45 PM