QUESTION

When can I declare bankruptcy again after filing eight years ago?

Asked on Dec 10th, 2011 on Bankruptcy - New Jersey
More details to this question:
I filed bankruptcy in 2004. How many years do I have to wait to file again or for a debt repayment?
Report Abuse

19 ANSWERS

You can file for Chapter 7 bankruptcy relief every 8 years (from date of filing to date of filing). You can file for Chapter 13 in the meantime if immediate relief is needed.
Answered on Dec 14th, 2011 at 4:28 PM

Report Abuse
Debtor's Rights Attorney serving Atlanta, GA at Theodore N. Stapleton, P.C.
Update Your Profile
One day after the 8th anniversary of the discharge date in 2004.
Answered on Dec 14th, 2011 at 4:26 PM

Report Abuse
Daniel James Wilson
Eight years from date of FILING previous Chapter 7.
Answered on Dec 13th, 2011 at 8:24 PM

Report Abuse
If a chapter 7 discharge is obtained, a debtor can file a chapter 13 four years later.
Answered on Dec 13th, 2011 at 7:35 PM

Report Abuse
Bankruptcy Attorney serving Livonia, MI at Charles J. Schneider, P.C.
Update Your Profile
A chapter 7 can be filed 8 yrs from the date of the filing of the prior chapter 7. A chapter 13 can be filed at any time but to receive a discharge in most cases it is 6 yrs from the date of the chapter 7 filing.
Answered on Dec 13th, 2011 at 1:51 PM

Report Abuse
judith runyon
8 years from the date you FILED your last Bankruptcy for a ch. 7 and 4 years for a ch. 13.
Answered on Dec 13th, 2011 at 1:48 PM

Report Abuse
Bankruptcy Attorney serving Columbus, OH at Athena Legal, LLC
Update Your Profile
You can do a Chapter 7 eight years after filing the previous Chapter 7. You could do a Chapter 13 now which is the repayment bankruptcy.
Answered on Dec 13th, 2011 at 11:24 AM

Report Abuse
Bankruptcy Attorney serving Brooklyn, NY
4 Awards
If you filed a Chapter 7 Bankruptcy, then you can attempt to file a new Chapter 7 after 8 years from the date of the first filing. The timeline is shorter if you will be attempting to file a Chapter 13. If you are looking to settle your debts outside of bankruptcy, you do not have to wait any specified time - there is no correlation between this process and your prior bankruptcy.
Answered on Dec 13th, 2011 at 11:21 AM

Report Abuse
You have to wait 8 years between filing Chapter 7 bankruptcies. If you previously filed a Chapter 7 bankruptcy and now want to file a Chapter 13, you have to wait 4 years to receive a discharge in the Chapter 13.
Answered on Dec 13th, 2011 at 11:13 AM

Report Abuse
Chapter 13 Bankruptcy Attorney serving Bloomington, MN at Gregory J. Wald
Update Your Profile
It depends on whether you filed a chapter 7 or a chapter 13 last time and what type of bankruptcy you want to file this time. However, the waiting period between two chapter 7 cases is 8 years, measured from filing date to filing date.
Answered on Dec 13th, 2011 at 9:00 AM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Appleton, WI at Sisson & Kachinsky Law Offices
Update Your Profile
Once it has been a full eight years since your last filing, you should be all set to go.
Answered on Dec 13th, 2011 at 8:59 AM

Report Abuse
Consumer Bankruptcy Attorney serving Worcester, MA at Law Offices of James Wingfield
Update Your Profile
If the case you filed was under Chapter 7, and you received a discharge, then you will need to wait until at least the same date in 2012 that you filed your previous case if you hope to obtain another discharge.
Answered on Dec 13th, 2011 at 8:49 AM

Report Abuse
Bankruptcy Attorney serving Hayward, CA at Carballo Law Offices
Update Your Profile
8 years from the date you filed in 2004 assuming that was a Chapter 7 case you last filed and in which you were granted a discharge. Therefore, sometime in 2012 you will be able to file another Chapter 7 case.
Answered on Dec 13th, 2011 at 8:37 AM

Report Abuse
Estate Planning Attorney serving Menifee, CA at Raxter Law
Update Your Profile
You can file for bankruptcy protection once every eight years.
Answered on Dec 13th, 2011 at 8:32 AM

Report Abuse
Glen Edward Ashman
You can do a Chapter 7 starting 8 years from the filing date. You may be able to do a Chapter 13 sooner.
Answered on Dec 13th, 2011 at 8:29 AM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI at Law Offices of Deborah A. Stencel
Update Your Profile
You can file a Chapter 13 plan now. If you qualify for a Chapter 7, you will need to wait until 8 years have passed from the day you filed a previous, successful Chapter 7.
Answered on Dec 13th, 2011 at 8:29 AM

Report Abuse
Criminal Law Attorney serving Ellicott City, MD at Law Office of William C. Wood, LLC
Update Your Profile
That would depend on what chapter you filed under. If you filed a Chapter 7 in 2004, you would be eligible to file another Chapter 7 eight years after the filing date.
Answered on Dec 13th, 2011 at 8:25 AM

Report Abuse
Eight years from the date of filing.
Answered on Dec 13th, 2011 at 8:18 AM

Report Abuse
Criminal Defense Attorney serving Summit, NJ at Stephen P. Dempsey Counselor at Law
Update Your Profile
You can file again.
Answered on Dec 13th, 2011 at 8:18 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters