QUESTION
If I filed for bankruptcy about 10 years ago and I have $21,000 credit card debt, can I file again?
Asked on Jul 18th, 2016 on Bankruptcy - New York
More details to this question:
If I filed for bankruptcy about 10 years ago and I have $21,000 credit card debt and I am making payments for a car that I need for work, can I file again?
10 ANSWERS
It may be possible. The minimum time that must elapse between Chapter 7 bankruptcy filings is eight years.
Answered on Jul 26th, 2016 at 4:05 AM
Only 8 years are required between chapter 7 bankruptcies, so you would qualify on that basis. Whether your income is low enough and whether you can protect your car are matters requiring more information. A free consultation with a bankruptcy attorney would be time well-spent.
Answered on Jul 20th, 2016 at 7:17 AM
You are eligible to file another chapter 7 if you only consider whether enough time has elapsed since your previous bankruptcy, but there is more to determining eligibility than the amount of time that has passed since your last bankruptcy and the amount of debt you have.
Answered on Jul 20th, 2016 at 7:16 AM
Yes, there needs to be only 8 years between filings.
Answered on Jul 20th, 2016 at 7:15 AM
2 Awards
Yes, you can file after 8 years. The question is if it is best for you to do so. Please contact an attorney and find out what is the best plan for you.
Answered on Jul 20th, 2016 at 7:14 AM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If you received a discharge in the earlier case, then you must wait eight years from the date of filing the earlier case to the date you file your new case. So...you should have no problem in terms of time limits if you file a new case now. It's always a good idea to retain an experienced lawyer.
Answered on Jul 20th, 2016 at 7:13 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes
Answered on Jul 20th, 2016 at 7:11 AM
2 Awards
You may file a chapter 7 Bk every 8 years.
Answered on Jul 20th, 2016 at 7:11 AM
If you qualify, yes, every 8 years in NY for a chapter 7.
Answered on Jul 20th, 2016 at 7:10 AM