Can I file bankruptcy again after I filed bankruptcy in 2010 and the apartment complex is suing me? 16 Answers as of September 23, 2014

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Barnhart Law Office
Barnhart Law Office | Bruce C Barnhart
If you filed a chapter 7 in 2010, you may file a chapter 13. You must wait 8 years between chapter 7s.
Answer Applies to: Nebraska
Replied: 9/23/2014
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
You can only file a chapter 7 once every 8 years.
Answer Applies to: Texas
Replied: 9/18/2014
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
You may be eligible for a Chapter 13. You have to wait eight years after the filing date of a previous Chapter 7 before you would be eligible for a second Chapter 7.
Answer Applies to: Georgia
Replied: 9/18/2014
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
It depends upon what sort of case you filed in 2010, and what the exact date of filing was. If it was a chapter 7 case then you will be eligible to file a chapter 13 case four years after the filing date for the chapter 7. You cannot file another chapter 7 case until 8 years have passed.
Answer Applies to: Colorado
Replied: 9/17/2014
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
After 4 years you can file a Ch13 bankruptcy.
Answer Applies to: California
Replied: 9/17/2014
    Tidewater Law Group PLLC | Seth Schoenfeld
    You can file a chapter 13.
    Answer Applies to: Virginia
    Replied: 9/17/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If you received a discharge after your 2010 bankruptcy, you will not be able to eliminate debt by filing Chapter 7. You may file Chapter 13 & make monthly payments if you need the protection of the bankruptcy court, but unless the debt to the apartment complex is more than $20,000, I doubt this would be a workable option for you.
    Answer Applies to: Nevada
    Replied: 9/17/2014
    The Wooten Legal Consulting, PC | Antoinette M. Wooten
    Generally one can file for bankruptcy after filing a prior petition if the new petition is not deemed fraudulent. If the trustee believes that the new petition is filed to hide funds or the like, the trustee will move to have the petition dismissed.
    Answer Applies to: New York
    Replied: 9/17/2014
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    If you filed under Chapter 7, you must allow 8 years before you can file under Chapter 7 again. You would be able to file a Chapter 13 petition if you are a wage earner or have a source of income.
    Answer Applies to: Kentucky
    Replied: 9/17/2014
    Bunch & Brock, Attorneys-at-Law
    Bunch & Brock, Attorneys-at-Law | W. Thomas Bunch II
    While you may not be eligible for a Chapter 7, you can file a Chapter 13 case. You have to space out your discharges every 8 years.
    Answer Applies to: Kentucky
    Replied: 9/17/2014
    Ronald K. Nims LLC | Ronald K. Nims
    If you filed a Chapter 7 in 2010 and were discharged, you can't file another Chapter 7 until 2018. You can file a Chapter 13 in 2014 (4 years after the filing date.
    Answer Applies to: Ohio
    Replied: 9/17/2014
    Hayward, Parker, O'Leary & Pinsky, Esqs.
    Hayward, Parker, O'Leary & Pinsky, Esqs. | Michael O'Leary
    Assuming that the 2010 "bankruptcy" was a Chapter 7, you are not again eligible for Chapter 7 relief until 2018. However, you could file a Chapter 13 bankruptcy now. You should discuss this with competent bankruptcy counsel in your area.
    Answer Applies to: New York
    Replied: 9/17/2014
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    If you filed chapter 7 in 2010, you are not eligible for a discharge in another chapter 7 case for 8 years from when your first case was filed. But you would be eligible for a discharge in a chapter 13 case, if it was filed more than 4 years after the filing of the chapter 7 case.
    Answer Applies to: Texas
    Replied: 9/17/2014
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You cannot file another chapter 7 for 8 years from your previous filing, that is if you received your discharge back in 2010. You can file a chapter 13 bankruptcy now if it made sense for you
    Answer Applies to: New York
    Replied: 9/17/2014
    Bensamochan & Poghosyan LLP | Eric Bensamochan
    It depends. If you previously filed Chapter 7 and received a discharge back in 2010, then you cannot re-file a new Chapter 7. You are probably able to file Chapter 13.
    Answer Applies to: California
    Replied: 9/17/2014
    Havkin & Shrago | Stella Havkin
    Only for chapter 13 to pay what you can from your disposable income.
    Answer Applies to: California
    Replied: 9/17/2014
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