QUESTION
I filed chapter 7 in 2005 can I file a type of bankruptcy again?
Asked on Jan 24th, 2013 on Bankruptcy - Florida
More details to this question:
My house is up for foreclosure and I don't know what to do.
20 ANSWERS
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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See a bankruptcy lawyer, now.
Answered on Apr 10th, 2013 at 2:58 PM
Yes, you can file a chapter 13 if you fall within the guidelines for amount of unsecured and secured debt. You also might be able to file a chapter 11 if most of your debt is business debt. If you want to protect your house, definitely file bankruptcy now to stop the foreclosure. You can deal with all of the details and defenses later.
Answered on Jan 29th, 2013 at 2:24 PM
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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You have options...you should speak to an attorney in your area to discuss your options.
Answered on Jan 28th, 2013 at 10:23 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You can file a chapter 13 four years after filing the chapter 7 or a chapter 7 eight years after filing the original chapter 7. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step.
Answered on Jan 28th, 2013 at 8:33 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You can file a 13 if able to pay arrears and keep mortgage current or if over 8 years can file a 7 but if arrears on mortgage won't save house.
Answered on Jan 28th, 2013 at 8:23 PM
Yes, you certainly can!
Answered on Jan 28th, 2013 at 8:22 PM
Deborah F. Bowinski
You should be eligible to file a chapter 13 case, and possibly a chapter 7 depending upon your actual filing date for the prior case. You should consult with a bankruptcy attorney ASAP your evaluate your options. Time is of the essence - once the foreclosure takes place you cannot save the property.
Answered on Jan 28th, 2013 at 8:01 PM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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If you want to file another Chapter 7, the waiting period would be 8 years from he date your prior case was filed. So for example, of your prior case was filed March 1, 2005, you could file another Chapter 7 on March 1, 2013. You could file a Chapter 13 now. The waiting period between filing a Chapter 7 and Chapter 13 is 4 years.
Answered on Jan 25th, 2013 at 2:55 PM
Daniel James Wilson
You cannot file a Chapter 7 until 2013, but you can file a Chapter 13 now.
Answered on Jan 25th, 2013 at 2:53 PM
Richard hirsh
If your new bankruptcy filing is eight years after the filing of the prior case, you can file and would be entitled to a discharge.
Answered on Jan 25th, 2013 at 2:51 PM
You may file a Chapter 13 immediately which could give you the time to resolve your past due mortgage payments, assuming you can afford to do so. To file another Chapter 7 and get a brief reprieve from foreclosure would require 8 years to have passed since your previous bankruptcy filing date.
Answered on Jan 25th, 2013 at 2:50 PM
Ethics & Professional Responsibility Attorney serving Palm Harbor, FL
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Stephen C. Whalen, P.A.
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You are eligible to file a Ch 7 eight years after the previous Ch 7 filing date.
Answered on Jan 25th, 2013 at 2:49 PM
You can file a 13 now for sure. To file a 7 you need to wait until 8 years from your filing date of your last 7. Sometime this year, you will be able to file another 7.
Answered on Jan 25th, 2013 at 2:49 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes, it is 8 years between chapter 7 filings, so yes you can file a 7.
Answered on Jan 25th, 2013 at 9:49 AM
You can file once every 8 years and count the 8 years from the date that you last filed. So if you filed December 01, 2005 you can file again any time after December 01, 2013.
Answered on Jan 25th, 2013 at 9:49 AM
Chapter 7 and Chapter 13 Bankruptcies Attorney serving Dublin, OH
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Granger Law Firm LLC
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You can file a chapter 13 immediately or you can wait until 8 years after your previous bankruptcy and do another chapter 7.
Answered on Jan 25th, 2013 at 9:49 AM
Bankruptcy & Debt Attorney serving Syracuse, NY
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Theodore Lyons Araujo
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You have to wait 7 years between chapter 7's from the filing date, but if you want to save the house you have two choices. First, defend the foreclosure in State Court. Second, file a Chapter 13 case to repay the mortgage arrears. You can file the 13 now because more than four (4) years have passed since you filed the Chapter 7.
Answered on Jan 25th, 2013 at 9:47 AM
General Practice Attorney serving Belvidere, IL
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Law Offices of Henry Repay
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Eligibility for Chapter 7 is 8 years from the date of filing, so you are probably close to that date. Chapter 13 eligibility occurred several years ago.
Answered on Jan 25th, 2013 at 9:06 AM
Bankruptcy Law Business Attorney serving Asheville, NC
Partner at
Pitts, Hay & Hugenschmidt, PA
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Yes. You are eligible to file either a Chapter 7 or Chapter 13. Chapter 13 may help you with the foreclosure.
Answered on Jan 25th, 2013 at 9:05 AM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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You probably would qualify for chapter 13, and possibly chapter 7 depending on the exact date your prior case was filed and other factors, such as the means test.
Answered on Jan 25th, 2013 at 9:02 AM