QUESTION
When will I be able to file for bankruptcy again if I filed in 2005?
Asked on Apr 02nd, 2013 on Bankruptcy - California
More details to this question:
I filed chapter 7 bankruptcy in October 2005. It will be discharged in January 2014. When will I be able to file again? Can I do it in October of this year and get things started for another chapter 7 or do I have to wait for it to discharge in January?
14 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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I am confused by your question. It is very rare for a chapter 7 to take this long for a discharge to be entered. Normally that happens approximately 90 to 120 days after the case was filed. You can file another chapter 7 eight years after the first chapter 7 was filed. If there were problems in the first chapter 7 some of the debts might be nondischargeable.
Answered on Apr 03rd, 2013 at 9:05 PM
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It goes by the filing date, not discharge date. You may file chapter 7 again 8 years after original filing date.
Answered on Apr 03rd, 2013 at 8:25 PM
David John Tybor
An individual can file a bankruptcy 8 years from the date of filing of the previous bankruptcy. The eight years is not dependent on when you received your discharge, but rather the initial date of filing.
Answered on Apr 02nd, 2013 at 8:58 PM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Not sure what you filed..a chapter 7 should be done in 8 months and a chapter 13 longest plan is 60 months. If you filed in 2005, you could file a chapter 7, 8 years after the petition date, and a chapter 13 four years after the petition date.
Answered on Apr 02nd, 2013 at 8:45 PM
Chapter 7 Bankruptcy Attorney serving Milwaukee, WI
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Law Offices of Deborah A. Stencel
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In the normal course of events, a person who filed a Chapter 7 in 10/2005 can file another Chapter 7 bankruptcy in 10/2013 ? eight years later. There is something unusual about your description, in that you think your bankruptcy from 10/2005 will discharge in 1/2014. Generally, bankruptcies do not take 9 years from filing to discharge.
Answered on Apr 02nd, 2013 at 8:45 PM
Bankruptcy Attorney serving Overland Park, KS
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Wellman Law LLC
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I would want to look at the docket history of your prior case to be sure of what the status is exactly. But it sounds like you filed a Chapter 7 case approximately 8 years ago and therefore would need to wait until 8 years has passed since the filing of your prior case (not the discharge) to be eligible for a discharge in a Chapter 7. You are already eligible for a Chapter 13 discharge if for certain reasons a Chapter 13 made more sense. Regarding this other January 2014 date, I'm not sure what the significance is, but you may be thinking of when something comes off of your credit report under your state's laws. You received a discharge approximately 7 years ago, the Bankruptcy case is not discharged. Also, it's filing dates, not discharge dates, that are looked at in determining these eligibility time frames.
Answered on Apr 02nd, 2013 at 8:27 PM
The controlling date for Chapter 7 eligibility is eight (8) years from the date of filing, so if you filed during October, 2005 you should be good to go in October, 2013-just be sure that 8 years and 1 day has passed.
Answered on Apr 02nd, 2013 at 3:22 PM
You should have received your discharge from your October, 2005 Chapter 7 bankruptcy by no later than the end of the summer of 2006. While I have no idea what the reason for the delay of your discharge might be & wish you had explained the reason for it, you will be eligible to file another Chapter 7 once the October, 2013 deadline elapses.
Answered on Apr 02nd, 2013 at 3:22 PM
Deborah F. Bowinski
You will be eligible to receive another chapter 7 discharge in a case filed any time after eight years have passed from the FILING DATE of your previous case.
Answered on Apr 02nd, 2013 at 3:22 PM
Debt Settlement Attorney serving San Diego, CA
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Law Offices of Kathryn Tokarska
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You will not be able to obtain a discharge in a chapter 7 if you filed it in October or in January because Debtor may not receive a discharge in bankruptcy more than once within an 8 year period.
Answered on Apr 02nd, 2013 at 3:21 PM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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A debtor can receive a chapter 7 discharge eight years from the date of filing the previous Chapter 7. 2005 filers can file again in 2013. Chapter 7 is on your credit report for ten (10) years, so I am not understanding the "discharge in January 2014" statement. O
Answered on Apr 02nd, 2013 at 3:21 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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Why did it take 8 years for a Chapter 7 to be discharged? Normally discharged after a few months. But it is 8 years from date of filing Chapter 7 to be able to file again. Unless, again, something special about your last filing.
Answered on Apr 02nd, 2013 at 3:20 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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8 yrs from discharge date.
Answered on Apr 02nd, 2013 at 3:20 PM
Bankruptcy Attorney serving Los Angeles, CA
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Law Offices of Raymond H. Aver, A Professional Corporation
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8 years after the date you previously filed for bankruptcy. The 9th Circuit, of which California is a part, has adopted the minority position permitting two chapter 7 cases to be pending concurrently so long as the second case is filed in good faith.
Answered on Apr 02nd, 2013 at 3:20 PM