QUESTION

Can I file for bankruptcy again?

Asked on Feb 23rd, 2012 on Bankruptcy - Texas
More details to this question:
I recently got married and ended up in a lot of debt. My wife left and I'm stuck with so much debt that it's overwhelming. Can I file for bankruptcy again? I filed when I was single.
Report Abuse

17 ANSWERS

Bankruptcy Chapter 7 Attorney serving San Diego, CA at Law Office of Asaph Abrams
Update Your Profile
On time limitations.
Answered on Jun 23rd, 2013 at 9:35 PM

Report Abuse
Glen Edward Ashman
It depends on how long ago you filed. You didn't tell us that.
Answered on Jun 19th, 2013 at 10:30 PM

Report Abuse
Filing bankruptcy multiple times is possible, but the time between filings may limit or prohibit a particular chapter of bankruptcy relief to you.
Answered on Feb 27th, 2012 at 1:09 PM

Report Abuse
Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
Update Your Profile
If you got a discharge last time you filed in a Chapter 7 case then you need to wait 8 years to file again to file another Chapter 7 case or 4 years to file a Chapter 13 case if not eligible for a Chapter 7 case now.
Answered on Feb 27th, 2012 at 11:57 AM

Report Abuse
Family Law Attorney serving El Cajon, CA at Law Offices of Sheryl S. Graf
Update Your Profile
You can only file for a Chapter 7 (complete discharge) once every 8 years. If your prior bankruptcy was a Chapter 7, and it has not been 8 years, you may be able to file under a different section (for example, a Chapter 13 reorganization/repayment plan).
Answered on Feb 27th, 2012 at 11:34 AM

Report Abuse
If you received a discharge under chapter 7 you can receive another discharge under chapter 7 eight years after filing the first case.
Answered on Feb 27th, 2012 at 10:25 AM

Report Abuse
Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
Update Your Profile
Your filing for chapter 7 relief must be more than 8 years from the filing of the previously filed chapter 7 case to receive a discharge.
Answered on Feb 27th, 2012 at 10:15 AM

Report Abuse
Bankruptcy Chapter 7 Attorney serving Los Angeles, CA at Bereliani Law Firm, PC
Update Your Profile
You can receive a discharge of your debt once every 8 years. You can file a chapter 13 four years after filing a chapter 7. I would consult a lawyer about your particular situation.
Answered on Feb 27th, 2012 at 9:55 AM

Report Abuse
Bankruptcy Attorney serving Hampton, VA at Haven Law Group, P.C.
Update Your Profile
Yes you can. You just have to make sure that enough years have passed. If you are filing two chapter 7's back to back, you will need to wait 8 years. A 13 following a 7 is 6 years.
Answered on Feb 27th, 2012 at 9:55 AM

Report Abuse
Probate & Trust Attorney serving New Smyrna Beach, FL at Christine Alexis Gay, P.A.
Update Your Profile
If it has been longer than eight years since you filed.
Answered on Feb 27th, 2012 at 9:35 AM

Report Abuse
Bankruptcy: Creditor Attorney serving Grand Island, NE at Milner Neuhaus & Judds
Update Your Profile
Assuming you are talking about Chapter 7 bankruptcy, you must wait eight years from the date you last filed. You marital status has no effect on the date you can file again.
Answered on Feb 25th, 2012 at 1:20 AM

Report Abuse
Domestic Relations Attorney serving Huntsville, AL at Ferguson & Ferguson
Update Your Profile
Under BACPA ( the new bankruptcy act) you have to wait 8 years after filing a chapter 7 before filing a new chapter 7, 2 years after a discharged 13 to get a discharge in another 13 and 4 years after a 7 to get a discharge in a new 13.
Answered on Feb 24th, 2012 at 9:32 PM

Report Abuse
Business Bankruptcy Attorney serving Raleigh, NC at J.M. Cook, P.A.
Update Your Profile
You can always file again but these are specific time periods between when you can get discharged. This is dependent on what chapter you previously filed and the disposition.
Answered on Feb 24th, 2012 at 9:16 PM

Report Abuse
Bankruptcy Attorney serving Kalamazoo, MI at Debt Relief Law Center
Update Your Profile
It depends. If you filed a Chapter 7 before, you can file again 8 years from the filing date of the prior Chapter 7. You can file a Chapter 13 if your prior Chapter 7 was filed more than 2 years ago. Congress tacked on another year between 7 filing.
Answered on Feb 24th, 2012 at 8:56 PM

Report Abuse
Criminal Law Attorney serving Ellicott City, MD at Law Office of William C. Wood, LLC
Update Your Profile
It depends on when you filed, what Chapter you filed under (e.g., 7 or 13), and what the disposition of the case was (discharge, dismissal, etc.). For example, you have to wait 8 years file a subsequent Chapter 7.
Answered on Feb 24th, 2012 at 8:51 PM

Report Abuse
Bankruptcy Attorney serving Overland Park, KS at The Smalley Law Firm, LLC
Update Your Profile
That depends how long ago you first filed and what chapter.
Answered on Feb 24th, 2012 at 8:51 PM

Report Abuse
General Practice Attorney serving Deer Park, TX
1 Award
You must wait 7 years before filing again.
Answered on Feb 24th, 2012 at 8:48 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters