If my first bankruptcy has been discharged more than 8 years ago, can I file for a second bankruptcy?

Question

I need to file chapter 13 for the second time ASAP. Can I do it if my first bankruptcy has been discharged for more than 8 years now?

Stuart Nachbar · Answer

In NJ, yes you can do that, and still receive a discharge.

Jeremy Shephard · Answer

Yes. A chapter 13 can be filed 2 years after filing of the first Chapter 13. You are well past that time limit.

Christiaan Mauritz Van Niekerk · Answer

Yes you can in fact ch13 is every 4 years.

Deborah Stencel · Answer

It certainly sounds like you qualify.  We cannot know for sure without checking the dates and disposition of the prior case, but the Bankruptcy Code specifies that the time between 13s to get a discharge is only 2 years. If you are talking about Chapter 7 to chapter 7, the timeframe is 8 years. 7 to 13 is 4 years and 13 to 7 is 6 years unless more than 70% of your debt was paid in the first, discharged case. In that case, no waiting period is necessary.  It?s complicated. Consult with a lawyer and good luck.

Nicholas Best · Answer

As long as you otherwise qualify. You could also file for Chapter 7 based on those dates.

D. Nathan Davis · Answer

Yes you could file a bankruptcy under either chapter 7 or chapter 13 of the bankruptcy code. You cannot file a subsequent chapter 7 for eight years after you filed your first chapter 7 case. The time for when you could have filed a chapter 13 is even less.  You need to meet with an attorney as soon as possible to determine whether filing a bankruptcy case is in your best interest.

Ronald Nims · Answer

The 8 year rule applies to Chapter 7, a person can file a 2nd Chapter 7 if the previous bankruptcy was FILED (the filing date, not the discharge date) more than 8 years ago.  A person can file a Chapter 13 if the previous bankruptcy was filed more than 4 years ago.

Dorothy Bunce · Answer

You may file a Chapter 13 even if it has been less than 8 years since you filed your previous bankruptcy.  Since more than 8 years have passed since your previous bankruptcy, you could file for either Chapter 7 or Chapter 13, assuming that you qualify to do so.

Michael McFarland · Answer

Yes. A new bankruptcy can be filed if it was 8 years since your last filing date - not the discharge date; and a Chapter 13 can be filed 4 years after your last chapter 7 filing.  You should consult with an experienced bankruptcy attorney for assistance, however.

Seth Schoenfeld · Answer

Yes, you can file a chapter 13 Bankruptcy and receive a discharge immediately.

Melissa Botting · Answer

You can file another chapter 13 less than eight years after your last discharge. Once the eight years have passed since your last discharge, you are entitled to receive another discharge. In other words, your new Chapter 13 does not have to be a 100% plan.

Marc Stern · Answer

Yes. And can you get a discharge also.

David Benson · Answer

Yes. Here is an overview of the rules regarding waiting periods between bankruptcies:  Filing a Chapter 7 case:  1. If you received a discharge in the first Chapter 7 case, you have to wait 8 years from the filing date before you can file another 7.   2. If you received a discharge in a prior Chapter 13 case, the time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case. If you did, there is no waiting period. If you did not, you have to wait 6 years after the filing of the 13.  3. If you did not receive a discharge, there is no waiting period.  Filing a Chapter 13 case:  1. If you received a discharge in a prior chapter 7 case, you can file under chapter 13 case at any time. However, if you file the 13 within 4 years of the date you filed the 7, you will not receive a discharge. (Some do this anyway to catch up on a mortgage arrearage.)  2. If you received a discharge in a prior Chapter 13 case, there is a 2-year waiting period - but since nearly every 13 takes longer than 2 years to complete, this rule rarely applies.  3. As with filing under Chapter 7, there is no waiting period if you did not receive a discharge in the prior case.

Paul Ross · Answer

You can file a Ch 7 and receive a discharge if it is more than 8 years since the filing of the last case.  To receive a discharge in a Ch 13, only 4 years needs to have passed since the filing of the last Ch 7.

Peter Lively · Answer

Filing a case is not the same as receiving a discharge.  You can file a Chapter 13 if no other cases are pending and use it to reorganize without receiving a discharge, if you need to.  If you received a discharge in Chapter 13 filed within the past two years, you can file another Chapter 13 and be eligible for a discharge.  However, if your prior discharge was in a Chapter 7, 11, or 12 case, then the waiting period from petition date to petition date is at least one day more than four years to be eligible for discharge in the subsequent Chapter 13 case.  The period between Chapter 7 discharge and a new Chapter 7 case wherein another Chapter 7 discharge is available is at least eight years and a day.

William Rhymer · Answer

Yes, you are legally able to file either a Chapter 7 or a Chapter 13. I would suggest you talk with an experienced bankruptcy attorney so that  together  you can decide whether a bankruptcy is in fact needed and if so which  Chapter  would be in your best interest.

Max Rosenberg · Answer

You absolutely can.

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If my first bankruptcy has been discharged more than 8 years ago, can I file for a second bankruptcy?

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