QUESTION

How long do I have to wait to refile for bankruptcy?

Asked on Mar 20th, 2012 on Bankruptcy - New York
More details to this question:
I filed bankruptcy in 2009 for other bills and no credit cards. After I filed I got approved for 7 credit cards. Somehow I fell extremely behind. How long do I have to wait to file again and this time to extremely fix this?
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7 ANSWERS

Bankruptcy Attorney serving Overland Park, KS at The Smalley Law Firm, LLC
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That depends what chapter of bankruptcy you previously filed and what chapter you are intending to file.
Answered on Jul 02nd, 2013 at 1:35 AM

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Bankruptcy Attorney serving Hampton, VA at Haven Law Group, P.C.
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You have to wait 8 years to file another ch. 7 from the date of the first filing. You only have to wait 4 years to file a ch. 13 from the date of the first filing.
Answered on Mar 26th, 2012 at 1:17 PM

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Commercial Bankruptcy Attorney serving Davie, FL at Law Office of Jeffrey Solomon
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8 years from prior filing for a chapter 7, 4 years for a chapter 13.
Answered on Mar 23rd, 2012 at 5:58 PM

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Chapter 7 Bankruptcy Attorney serving Clinton, MS at Timothy Kevin Byrne Attorney at Law
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You may file a Chapter 13 bankruptcy at this time.
Answered on Mar 22nd, 2012 at 7:39 PM

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You need to wait eight years after a chapter 7 to be eligible for a discharge in a subsequent chapter 7. If you file a chapter 13 you can set a payment plan. You won't get a discharge, however, so you will need to propose a 100% payment plan.
Answered on Mar 22nd, 2012 at 9:34 AM

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Bankruptcy Attorney serving Kalamazoo, MI at Debt Relief Law Center
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You cannot file a Chapter 7 until 8 years from date of filing of prior 7. You can file a Chapter 13 (and receive a Chapter 13 discharge) 4 years from the date of filing of prior case.
Answered on Mar 21st, 2012 at 5:15 PM

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Bankruptcy & Debt Attorney serving Syracuse, NY at Theodore Lyons Araujo
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While you must wait at least 8 years between filing two chapter 7 (11 USC 727(a)(8)) bankruptcies (assuming you got your discharge) you need only wait two years between Chapter 13 cases (11 USC 1328(f)(2)) 4 years between a 7 and a 13 (11 USC 1328(f)(1)) and six years between a 13 and a 7 (if the percentage to the unsecured creditors was under 70%) (11 USC 727(a)(9)). Please make sure you consult an attorney because you must fall under the definition of a debtor and you may have to take extra steps not normally performed in a Bankruptcy in order to make sure you are protected by the automatic stay (11 USC 362 et seq.) These times may also be greatly shortened if you did not get a discharge in the first case.
Answered on Mar 21st, 2012 at 2:23 PM

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