QUESTION
Can I file for bankruptcy again after five years?
Asked on Dec 15th, 2015 on Bankruptcy - Ohio
More details to this question:
I filed Chapter 7 bankruptcy about 5 years ago and it was discharged. I have since moved to another state and find myself needing to file again. Is this possible?
12 ANSWERS
Bankruptcy Law Attorney serving Austin, TX
at
Law Office of Susan G. Taylor
Update Your Profile
No. 8 years between filing dates.
Answered on Jan 18th, 2016 at 10:43 AM
William Rhymer
You would not be eligible for another Chapter 7 until 8 years after filing the first one. However, you might be eligible for a Chapter 13. Talk with a local lawyer.
Answered on Jan 07th, 2016 at 3:34 AM
You can file another Chapter 7, but you cannot receive another discharge in Chapter 7 until 8 years have elapsed. You can file a Chapter 13 and obtain a discharge, but this will require that you make payments to the bankruptcy trustee for between 3 - 5 years depending on your income level.
Answered on Jan 04th, 2016 at 11:52 AM
Bankruptcy Chapter 7 Attorney serving Boulder, CO
at
Law Office of Paul Stuber
Update Your Profile
You need to wait 8 years.
Answered on Jan 04th, 2016 at 2:40 AM
No, you can not file another Chapter 7. You have to wait 8 years. However, you can file a Chapter 13. It will require that you make a small monthly payment to discharge your debts. Meet with a lawyer face to face to get all your rights (and obligations). Good luck!
Answered on Jan 04th, 2016 at 2:40 AM
No, 8 years between Chapter 7 filings.
Answered on Jan 04th, 2016 at 2:39 AM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
You may not get a discharge under ch. 7 in a case filed within 8 years after you filed a prior case in which you had a discharge. You may file under Ch. 13, however. Consult an experienced BR lawyer; it's almost always worth the investment.
Answered on Jan 04th, 2016 at 2:39 AM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Very doubtful, see a bankruptcy attorney about you circumstances. If you can it will be an exception to the rule.
Answered on Jan 04th, 2016 at 2:38 AM
Bankruptcy Attorney serving Seattle, WA
at
The Law Office of Marc S. Stern
Update Your Profile
You cannot get a discharge in a Chapter 7 for 8 years. You can obtain a discharge in a Chapter 13.
Answered on Jan 04th, 2016 at 2:38 AM
Real Estate Attorney serving Florence, KY
at
Linda S. Novakov & Associates, PLLC
Update Your Profile
Chapter 7 Bankruptcy is allowable every 8 years. If you qualify for a Chapter 13, you might be able to file for a Chapter 13, and when the 8 year date has passed, convert to a Chapter 7 if you need to do that.
Answered on Jan 04th, 2016 at 2:35 AM
At this time, you would have to file under chapter 13 rather than chapter 7. This involves a commitment of at least 3 years in which you make your best effort to pay some of your debt. It still provides you the protection of the bankruptcy stay and some "breathing room" to reorganize your debts. If you make all the payments within the mandated period of time, the unsecured, non-priority debts remaining are discharged. Meanwhile, it forces you to live without credit, other than perhaps a mortgage or a car loan.
Answered on Jan 04th, 2016 at 2:34 AM
Commercial & Bankruptcy Law Attorney serving Powell, OH
at
Ronald K. Nims
Update Your Profile
You can file another chapter 7 but you can't get a discharge. You have to wait 8 years between bankruptcies.
Answered on Jan 04th, 2016 at 2:33 AM