QUESTION
When can I file bankruptcy again if I previously filed in March of 2003?
Asked on Jan 08th, 2011 on Bankruptcy - California
More details to this question:
I went to court in March of 2003 and was discharged in April of 2003. I need to file chapter 7 again. When can I start the process? When can I get legal help to get the collectors to stop calling?
10 ANSWERS
Family Law Attorney serving Hackensack, NJ
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The Law Offices of Stuart Jon Bierman
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Usually, a person can only file for Chapter 7 once every eight years. You might qualify for Chapter 13 and that would stop the phone calls and there may not be an 8 year waiting period. A lawyer can also advise you about how you can write certified letters to creditors and demand under federal laws regarding fair collection practices and activities that your creditors stop calling you.
Answered on Jan 13th, 2011 at 7:28 PM
Bankruptcy Attorney serving Orange, CA
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Goodman & Dicus LLP
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Under 11 U.S.C. 727(a)(8), A debtor cannot receiving a discharge under Chapter 7 if he or she received a discharge in a Chapter 7 or Chapter 11 bankruptcy which was filed within 8 years before the present case is filed.
Answered on Jan 13th, 2011 at 3:58 PM
Chapter 7 Bankruptcy Attorney serving Lisle, IL
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Mankus & Marchan, Ltd.
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You normally need to wait 8 years after the date of the filing of the previous Chapter 7 petition.
Answered on Jan 12th, 2011 at 1:43 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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A person can file a chapter 7 bankruptcy again after 8 years have passed. Since the 8 year requirement will arrive in a few months, please feel free to contact me for a free consultation.
Answered on Jan 11th, 2011 at 8:13 PM
It is possible. You should sit down with a bankruptcy attorney to assist you.
Answered on Jan 10th, 2011 at 7:43 PM
Family Law Attorney serving Kingston, NH
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DiManna Law Office, LLC
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You should be able to file now, but seek advice from a bankruptcy attorney for your specific situation.
Answered on Jan 10th, 2011 at 6:58 PM
Civil Litigation Attorney serving Ventura, CA
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Law Offices of Daniel A. Higson, APC
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You may file for bankruptcy again in March 2011.
Answered on Jan 10th, 2011 at 5:28 PM
judith runyon
You can file another chapter 7 bankruptcy, eight years from the date you filed your last chapter 7 bankruptcy.
Answered on Jan 10th, 2011 at 4:13 PM
Bankruptcy Attorney serving Victorville, CA
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Law Offices of Lady Justice
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You can't file another bankruptcy for 8 years from the date of your last bankruptcy discharge. If you were discharged in April of 2003, you can not file again until April or May of 2011.
Answered on Jan 10th, 2011 at 4:13 PM
Bankruptcy Attorney serving Hayward, CA
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Carballo Law Offices
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You should start the process now but you will not be able to file until 8 years from the date you filed in 2003. If you went to the meeting of creditors in March 2003 then you probably filed in February or early March 2003. It is the filing date that controls, not the date you went to the meeting of creditors or the date of the discharge.
Answered on Jan 10th, 2011 at 3:43 PM