QUESTION
If you have claimed bankruptcy in 2000 can you claim again in 2012?
Asked on Mar 08th, 2012 on Bankruptcy - Mississippi
More details to this question:
I had claimed bankruptcy in 2000 all bills were taken care of. Now because of credit card debt, etc.. and since I am on Social Security and am so far behind on everything, there is no way to pay them anymore. I would like to know if I am eligible to claim chapter 7 in 2012?
25 ANSWERS
No.
Answered on May 30th, 2013 at 8:43 PM
judith runyon
Yes.
Answered on May 30th, 2013 at 8:42 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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Yes.
Answered on May 30th, 2013 at 8:42 PM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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Yes.
Answered on May 30th, 2013 at 8:41 PM
Daniel James Wilson
Yes.
Answered on May 30th, 2013 at 8:38 PM
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Yes.
Answered on May 30th, 2013 at 8:31 PM
Bankruptcy Chapter 7 Attorney serving San Diego, CA
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Law Office of Asaph Abrams
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Based on the repeat-filing restriction under 11 USC 727(a)(8), yes, you can re-file. Other restrictions may apply. On repeat filing, Google Asaph Abrams and Exemptions.
Answered on Mar 12th, 2012 at 7:11 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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You can receive a discharge in chapter 7 if you have not had a chapter 7 discharge in eight years.
Answered on Mar 12th, 2012 at 2:02 PM
Yes. You can file Chapter 7 once every eight years.
Answered on Mar 09th, 2012 at 1:48 PM
Business Bankruptcy Attorney serving Raleigh, NC
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J.M. Cook, P.A.
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Yes. 12 years is beyond the time limits for seeking discharge.
Answered on Mar 09th, 2012 at 12:24 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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Yes. The rule is that you must wait 8 years between filing Chapter 7 and filing Chapter 7 again. The rules are different if other Chapters of the Code are involved, but 8 years is the longest period, so if you filed in 2000, you should be eligible to file again now.
Answered on Mar 09th, 2012 at 11:59 AM
Glen Edward Ashman
You can refile Chapter 7 eight years after the past case, so you can file if otherwise eligible.
Answered on Mar 09th, 2012 at 7:04 AM
William P. Turner
Yes. You can file a Chapter 7 8 years after previously filing a 7. If your sole source of income is social security, you may not need to file bankrutpcy unless you have other non-exempt assets, as creditors cannot garnish your social security benefits.
Answered on Mar 09th, 2012 at 6:37 AM
Yes. 11 U.S.C. Section 727 Discharge (a) (8) provides that there must be at least 8 years between when the prior bankruptcy was filed and the 2nd bankruptcy in order to get a discharge in the second bankruptcy case. This assumes that you received a discharge in your first bankruptcy case. If the first case was dismissed, then there is no need to wait 8 years to file the second case.
Answered on Mar 09th, 2012 at 5:40 AM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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You can file another chapter 7. You must wait 8 years to file another chapter 7.
Answered on Mar 09th, 2012 at 5:31 AM
Norman Linder Hull
You must wait 8 years from your discharge in a Chapter 7 bankruptcy to file again.
Answered on Mar 08th, 2012 at 10:55 PM
Yes, you must wait 8 years to file a bankruptcy again and since it is 12 you are fine.
Answered on Mar 08th, 2012 at 10:24 PM
Bankruptcy Attorney serving Clayton, GA
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Gary C. Harris, P.A.
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You can file as often as every eight years.
Answered on Mar 08th, 2012 at 10:23 PM
Bankruptcy Attorney serving Buford, GA
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Kenneth A. Parker, PC
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Yes. The waiting period between filing Chapter 7's is 8 years.
Answered on Mar 08th, 2012 at 8:40 PM
Bankruptcy Decision Attorney serving San Diego, CA
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Law Office of Daniel G. Shay
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Yes, one is eligible for another Chapter 7 eight years after filing a Chapter 7.
Answered on Mar 08th, 2012 at 7:14 PM
Yes. You are eligible every 8 years.
Answered on Mar 08th, 2012 at 7:13 PM
Chapter 7 Bankruptcy Attorney serving Lisle, IL
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Mankus & Marchan, Ltd.
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You can file Chapter 7 bankruptcy every 8 years.
Answered on Mar 08th, 2012 at 6:59 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You have not provided sufficient information to answer your question. However, and generally you would not be allowed to file bankruptcy again so soon. It is only by reviewing your file that your options can be determined.
Answered on Mar 08th, 2012 at 6:57 PM
Yes, you are eligible for either a Chapter 13 or a Chapter 7 consumer bankruptcy.
Answered on Mar 08th, 2012 at 6:39 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Yes you are eligible to file chapter 7.
Answered on Mar 08th, 2012 at 6:38 PM