QUESTION
If after a divorce that I when through, I ended up in a a lot of debt and I filed for bankruptcy in 2005, can I file again after 8 years?
Asked on Jun 01st, 2013 on Bankruptcy - New Jersey
16 ANSWERS
Yes, if 8 years has passed since the filing date of your previous Chapter 7 filing you can file a new case.
Answered on Jun 04th, 2013 at 12:29 AM
You can file a Chapter 7 bankruptcy if more than eight (8) years has passed since your prior Chapter 7 filing. You are also now eligible for a Chapter 13 filing. You should contact competent bankruptcy counsel to discuss the timing of your bankruptcy filing, and which Chapter should be employed.
Answered on Jun 04th, 2013 at 12:29 AM
General Practice Attorney serving Coeur d'Alene, ID
at
Michael B. McFarland, PA
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You can file again 8 years after your prior bankruptcy, but you need to check your divorce decree to see whether you were ordered to pay certain debts. If so, you may not be able to discharge those in a Chapter 7 - but probably can in a Chapter 13. You should consult with an experienced bankruptcy attorney to be sure.
Answered on Jun 04th, 2013 at 12:28 AM
Bankruptcy Attorney serving Oakdale, CA
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Law Office of Todd Whiteley
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Yes, you can file another chapter 7 case after 8 years from the date of filing the earlier chapter 7 case. Also remember that you can file a Chapter 13 case 4 years after filing a chapter 7 case and still receive a discharge. If you can obtain the relief you seek without obtaining a discharge in a chapter 13, then you can file the chapter 13 case anytime after the chapter 7 case closes.
Answered on Jun 04th, 2013 at 12:27 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Yes.
Answered on Jun 04th, 2013 at 12:27 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes.
Answered on Jun 04th, 2013 at 12:27 AM
Bankruptcy Attorney serving Henderson, NV
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Jeffrey A. Cogan Chartered, a PLLC
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Yes. If you need help, please don't hesitate to call or write.
Answered on Jun 04th, 2013 at 12:27 AM
Benjamin Echols
Yes.
Answered on Jun 04th, 2013 at 12:26 AM
bankruptcy Attorney serving Paul, ID
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Paul N. J. Ross Law, PLLC
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Yes, 8 years after the date you filed your bankruptcy in 2005 you may file another chapter 7. You may file a chapter 13 earlier which may also be able to discharge some potential marital debts. Visit with an attorney to find the best fit regarding the circumstances.
Answered on Jun 04th, 2013 at 12:26 AM
Chapter 7 Bankruptcy Attorney serving Santa Monica, CA
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Law Offices of Glenn T. Litwak
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Yes.
Answered on Jun 04th, 2013 at 12:26 AM
Personal Injury Attorney serving Glendale, CA
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JT Legal Group
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Yes.
Answered on Jun 04th, 2013 at 12:26 AM
Deborah F. Bowinski
Yes. You can file again once more than 8 years have passed since your prior filing date.
Answered on Jun 04th, 2013 at 12:25 AM
Antoinette M. Wooten
You can file another bankruptcy as long as it is not considered an abuse. An abuse is determined by the bankruptcy laws and the trustee.
Answered on Jun 04th, 2013 at 12:25 AM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
at
Sisson & Kachinsky Law Offices
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Definitely.
Answered on Jun 03rd, 2013 at 10:24 PM
Bankruptcy Attorney serving Huntington Beach, CA
at
Stuart A. McKenzie Attorney at Law
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If you received a discharge in a Chapter 7 case in 2005 you can file another Chapter 7 bankruptcy 8 years after the 2005 bankruptcy was filed. You count the eight years from the date the 2005 case was filed not the date of discharge. For example if the 2005 bankruptcy was filed on June 1, 2005 you can file another Chapter 7 on June 2, 2013. Different rules apply with respect to Chapter 13.
Answered on Jun 03rd, 2013 at 2:21 PM
Bankruptcy Law Attorney serving Livingston, NJ
Partner at
Law Office of Stuart M. Nachbar, P.C.
2 Awards
In New Jersey, probably.
Answered on Jun 03rd, 2013 at 2:20 PM