Can I file bankruptcy again if I filed less than 8 years ago? 12 Answers as of February 12, 2016

I filed bankruptcy less than 8 yrs ago. I am in financial trouble again due to circumstances that I couldn't not control.

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Stephens Gourley & Bywater | David A. Stephens
If you got a discharge you must wait 8 years from the date of filing, or file a chapter 13. If there was not discharge, the waiting period has long since passed.
Answer Applies to: Nevada
Replied: 2/12/2016
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You may be able to file under chapter 13 if more than 4 years have passed since your filing of the earlier case if it was a Ch 7.
Answer Applies to: Wisconsin
Replied: 2/10/2016
Freeman Law Group, LLC
Freeman Law Group, LLC | Derek Freeman
This question cannot be answered with any degree of certainty based on the information you've given. Whether you can file a bankruptcy now depends on what chapter of the bankruptcy code you filed under previously, and when. If, for instance, you filed under chapter 13 of the bankruptcy code more than six years ago, you can file under chapter 7 and receive a discharge. On the other hand, if you filed under chapter 7 seven years ago, you cannot file another case under chapter 7 right now. However, you could file a case under chapter 13 and still receive a discharge. So whether you can receive a discharge in a bankruptcy depends on what chapter you file under now, what chapter you filed under previously, and when you last filed bankruptcy. The actual timing requirements can be quite complicated depending on your situation. You should consult an attorney.
Answer Applies to: Colorado
Replied: 2/10/2016
Goldsmith & Guymon
Goldsmith & Guymon | Marjorie Guymon
You may file a chapter 13 if your prior bankruptcy was a chapter 7.
Answer Applies to: Nevada
Replied: 2/10/2016
A Fresh Start
A Fresh Start | Dorothy G Bunce
You could file bankruptcy again, but you cannot get another discharge to eliminate your debts by filing a Chapter 7 case. If you are willing to commit to making payments the court decides you can afford, you can file Chapter 13 to pay a portion of your debts over a 3 ? 5 year period of time. Other options may be available to you as well.
Answer Applies to: Nevada
Replied: 2/10/2016
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    If it has been at least four years, you can file a Chapter 13. You would make a small payment monthly for 36 months. Meet with an experienced BK lawyer to discuss your needs, and your options. Good luck!
    Answer Applies to: Colorado
    Replied: 2/10/2016
    Ronald K. Nims LLC | Ronald K. Nims
    You can only file a chapter 7 bankruptcy every 8 years. However, you may be able to file a chapter 13 bankruptcy?
    Answer Applies to: Ohio
    Replied: 2/10/2016
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You look into a chapter 13. I suggest you talk to a local lawyer about this. The lawyer will need evidence of you income for the last six months. You should bring that to your appointment. You might find one at
    Answer Applies to: California
    Replied: 2/10/2016
    The Salas Firm
    The Salas Firm | Ron Salas
    You may be eligible for a Chapter 13, you are not eligible for a Chapter 7.
    Answer Applies to: Colorado
    Replied: 2/9/2016
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    Answer Applies to: Massachusetts
    Replied: 2/9/2016
    Garner Law Office
    Garner Law Office | Daniel Garner
    You could qualify for a chapter 13 bankruptcy rather than chapter 7, but it requires you to make payments to the best of your ability for a minimum of 3 years unless the debts are paid off in less time. It does require regular income of some kind, even if only unemployment benefits. Without regular income, you may have to sell assets. If you don't have any assets or income, of course, then you are judgment-proof and you can tell the creditors that and ask them to leave you alone.
    Answer Applies to: Oregon
    Replied: 2/9/2016
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