QUESTION
If I filled bankruptcy in the past how long do I have to wait before I can file again?
Asked on Oct 06th, 2012 on Bankruptcy - Colorado
More details to this question:
My previous bankruptcy was discharged April 2005 I have some credit card bills I stopped paying a couple years ago and I keep being harassed how what can I do to fix it?
16 ANSWERS
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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If your April 2005 bankruptcy was a Chapter 7, April 2013.
Answered on Jun 27th, 2013 at 12:10 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
2 Awards
In NJ, you can file every 8 years.
Answered on Jun 27th, 2013 at 12:06 AM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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What Chapter did you previously file?
Answered on Jun 27th, 2013 at 12:06 AM
Appellate Practice Attorney serving Cheyenne, WY
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Lynn Boak Attorney at Law
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You may file bankruptcy again after seven years from your last filing.
Answered on Oct 10th, 2012 at 11:33 AM
Bankruptcy Law Attorney serving Austin, TX
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Law Office of Susan G. Taylor
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You can only file Ch. 7 every 8 years.
Answered on Oct 09th, 2012 at 9:08 PM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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If you filed a Chapter 7 case in 2005 and plan to file another Chapter 7 case, you will need to wait 8 years from the date you filed. If the previous case was a Chapter 13 case, you can file either a Chapter 7 or 13 case now. You said your case was Discharged in April 2005. If it was a Chapter 7 case, it was most likely filed around December 2004 or January 2005. If that's the case, then you could re-file a Chapter 7 case in December 2012 or January 2013.
Answered on Oct 09th, 2012 at 12:58 PM
William C. Gosnell
Eight years,
Answered on Oct 09th, 2012 at 10:33 AM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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Eight years from chapter 7s to 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. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Oct 09th, 2012 at 10:18 AM
2 Awards
You have to wait 8 years after filing a chapter 7 to file one again.
Answered on Oct 08th, 2012 at 5:25 PM
Bankruptcy Attorney serving Myrtle Beach, SC
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Law Office of Margaret L. Evans, PC
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if you received a discharge in a Chapter 7 case, then you must wait 8 years from the date of that discharge, making you eligible to file again in April 2013, using the first date after the 8-year anniversary of the discharge date. If you file a Chapter 7 and have received a discharge from a Chapter 12 or 13 within the past 6 years, then you can't file until the day after the 6-year anniversary of the 12 or 13 date of discharge. There are other technicalities that may apply, depending on your individual situation.
Answered on Oct 08th, 2012 at 5:25 PM
It depends. the critical date is the filing date, not the discharge date. The other question is: did you file a 13 or a 7? Either way, you can file a Chapter 13 now. If you filed a 13 you can file a 7 now. If you filed a 7, you can wait 8 years to file another Chapter 7 (which should be soon.)
Answered on Oct 08th, 2012 at 5:25 PM
There are two types of bankruptcy, the Chapter 7, which is the standard bankruptcy, and the Chapter 13, which is the bankruptcy process where you propose a full or partial repayment plan. You are only eligible to file Chapter 7 once every 8 years. The only thing that matters is the date you filed, not the date you were discharged. If you need bankruptcy protection & it hasn't been 8 years since you previously filed a chapter 7 and received a discharge, you could file Chapter 13 and make monthly payments until you become eligible to file another chapter 7.
Answered on Oct 08th, 2012 at 5:13 PM
Contracts & Agreements Attorney serving Atlanta, GA
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The Seaborn Law Office, L.C.
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As a general rule, you may file as often as you like; however, the bankruptcy code restricts periods between bankruptcy discharges. You must wait 8 years between Chapter 7 discharges and 2 years between Chapter 13 discharges. If you initially received a Chapter 7 discharge but would like to obtain a Chapter 13 discharge, you must wait four years. If you initially received a Chapter 13 discharge but would like a Chapter 7 discharge, you must wait six years.
Answered on Oct 08th, 2012 at 5:13 PM
General Practice Attorney serving Crystal Lake, IL
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Bruning & Associates, P.C.
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You have to wait 8 years between bankruptcies. You should double-check to ensure the exact date when your previous bankruptcy was filed, and wait to file until it has been 8 years from that date.
Answered on Oct 08th, 2012 at 5:11 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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A chapter 7 discharge can be obtained eight years from the date of the filing of the previously filed chapter 7 case.
Answered on Oct 08th, 2012 at 5:05 PM
Daniel James Wilson
You can file Ch 7 eight years after filing date of a previous 7.
Answered on Oct 08th, 2012 at 5:04 PM