Can I file bankruptcy for the second time if my first filing happened in 2005? 35 Answers as of May 02, 2013

I filed bankruptcy in 2005 and I'm now a single mother that just finished school and I have credit card and hospital debt that I need to file on again.

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Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
There is an 8 year bar to discharge. Wait until it has been over 8 years since your previous bankruptcy. Alternatively, you are eligible to file chapter 13 now.
Answer Applies to: California
Replied: 5/2/2013
Joshua E. McNally, P.A. | Joshua E. McNally
You can generally file a Chapter 7 eight years after the filing of your previous case. Be sure you get your dates correct.
Answer Applies to: Florida
Replied: 5/2/2013
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
You can file more than 8 years after the date you filed the case in 2005.
Answer Applies to: California
Replied: 5/2/2013
Law Office of D.L. Drain, P.A.
Law Office of D.L. Drain, P.A. | Diane L. Drain
You can file another chapter 7 eight years after filing the last chapter 7.
Answer Applies to: Arizona
Replied: 5/2/2013
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
You have to wait 8 years between the filing dates of two chapter 7 bankruptcies.
Answer Applies to: Virginia
Replied: 5/2/2013
    Portland Bankruptcy Law Group
    Portland Bankruptcy Law Group | Christopher J. Kane
    The answer to your question depends on what type of bankruptcy you filed in 2005, and whether you obtained a discharge in the case. Assuming you did get your discharge, here are the rules: If you filed a Chapter 7, you must wait 8 years from the filing date to file another Chapter 7, or 4 years to file Chapter 13. If you filed Chapter 13, you must wait 6 years from the filing date to file Chapter 7 or 2 years to file Chapter 13.
    Answer Applies to: Oregon
    Replied: 5/2/2013
    Graves Law Firm
    Graves Law Firm | Steve Graves
    If it's been eight years you can probably file again.? See a lawyer, and good luck.
    Answer Applies to: Texas
    Replied: 5/2/2013
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    If you filed a chapter 13 previously, you can file any chapter of bankruptcy as of now. If you filed a chapter 7 previously, you can file a chapter 13 now, or a chapter 7 this year the month after you filed your previous bankruptcy. For example, if you filed a chapter 7 in May 2005, you can file another chapter 7 in June 2013.
    Answer Applies to: Florida
    Replied: 5/2/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    If your previous case was a Chapter 7, you can file another 7 after 8 years have passed and you otherwise qualify.
    Answer Applies to: Wisconsin
    Replied: 5/2/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need 8 years between cases. You should be close.
    Answer Applies to: California
    Replied: 5/1/2013
    CARL C SILVER ATTORNEY AT LAW
    CARL C SILVER ATTORNEY AT LAW | Carl C Silver
    You can file another chapter 7 8 years after the date you filed in 2005. You can file a chapter 13 at any time now.
    Answer Applies to: Michigan
    Replied: 5/1/2013
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Must be eight years from the filing date of the previous Chapter 7 bankruptcy. Did you file before May 1, 2005? If so, you can file again. If its later, you're going to have to hold out a bit longer.
    Answer Applies to: California
    Replied: 5/1/2013
    Rosenberg & Press
    Rosenberg & Press | Max L. Rosenberg
    You are allowed to obtain a chapter 7 discharge of your debt once every eight years. If your discharge date is eight or more years ago, you should be able to file a new bankruptcy. Please make sure you file with an experienced bankruptcy attorney as filing pro se has to be one of the all time worst mistakes a person can do with their financial life.
    Answer Applies to: Connecticut
    Replied: 5/1/2013
    Gabel, Gudmundsen & Gabel, P.C. | Laura Gabel
    It all depends on the chapter of the bankruptcy code you proceeded under in 2005 and what chapter you intend to use now. There are basically two chapters available to consumer debtors: Chapter 7 and Chapter 13. There has to be two years between a Chapter 13 filing followed by another 13 filing. There has to be four years between a Chapter 7 followed by a Chapter 13; six years between a Chapter 13 followed by a Chapter 7; and 8 years between two chapter 7 filings.
    Answer Applies to: Michigan
    Replied: 5/1/2013
    Stephens Gourley & Bywater | David A. Stephens
    Assuming your prior bankruptcy was a chapter 7, you cannot file again until 8 years after you got your discharge. It sounds like you are close to being eligible or may even be eligible to file again.
    Answer Applies to: Nevada
    Replied: 5/1/2013
    Wasson & Thornhill
    Wasson & Thornhill | Leeann Thornill
    If you filed BK in 2005, you will be eligible sometime this year, depending on the month you filed.
    Answer Applies to: Kentucky
    Replied: 5/1/2013
    Idaho Bankruptcy Law | Paul Ross
    Usually yes. To receive a discharge or forgiveness of your debts, the time between your last Chapter 7 filing date and the new Chapter 7 filing date must be 8 years. Things change if the previous bankruptcy was a Chapter 13.
    Answer Applies to: Idaho
    Replied: 5/1/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You must wait until 8 years have passed before filing again so the date that you filed back in 2005 will be quite important.
    Answer Applies to: Colorado
    Replied: 5/1/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If you received a discharge in 2005 and want to file a Chapter 7, you will need to wait until after the anniversary of your 2005 filing to file another Chapter 7. You must wait 8 years to file to seek another discharge in a Chapter 7.
    Answer Applies to: Nevada
    Replied: 5/1/2013
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    If you filed Chapter 7, there has to be 8 years in between them. If you filed prior to May 1, 2005, then you can file a new Chapter 7 at any time. If you filed after that date, you will just have to be sure that you file the new case at least 8 years and a day after the prior case filing. If you need to file Chapter 13 instead, you can file that at any time.
    Answer Applies to: Arkansas
    Replied: 5/1/2013
    Michelotti & Associates, Ltd. | Joseph Michelotti
    You can file again 8 years after you filed the last one.
    Answer Applies to: Illinois
    Replied: 5/1/2013
    J. Norman Stark, Attorney & Reg. Architect | J. NORMAN STARK, ATTORNEY
    Yes; you're apparently past the threshold 8 year period between discharge and permitted new petitions for bankruptcy. Contact and retain an experienced Attorney to assist you, since certain debts may not be dischargeable.
    Answer Applies to: Ohio
    Replied: 5/1/2013
    Moffa & Bonacquisti, P.A.
    Moffa & Bonacquisti, P.A. | John A. Moffa
    If you filed a Chapter 7 case before, you need to wait 8 years from the date you filed the other case before you qualify again. If you filed a Chapter 13 or 11 before, you should be fine to file now.
    Answer Applies to: Florida
    Replied: 5/1/2013
    Wellman Law LLC
    Wellman Law LLC | Keith A. Wellman
    It depends on the Chapters involved and if both are Chapter 7 it depends on the exact date as we're only through May 1st of 2013. Eight years must pass from the filing of a Chapter 7 to a subsequent filing of a Chapter 7 (so a case filed prior to May 1st of 2005 would be fine). Any other Chapter combination is even less time and would have already passed (filing a Chapter 7 after filing a Chapter 13 = 6 years, filing a Chapter 13 after Chapter 7 = 4 years, and filing Chapter 13 after Chapter 13 = 2 years). There is no time limit if a discharge was not received (e.g. a Chapter 13 that was dismissed for non-payment).
    Answer Applies to: Kansas
    Replied: 5/1/2013
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    It appears that you are interested in filing a Chapter 7 bankruptcy. If that is the case and you received a Chapter 7 discharge in 2005, you can file again 8 years from the date of your last Chapter 7 filing.
    Answer Applies to: Georgia
    Replied: 5/1/2013
    The Bankruptcy Law Group @ Robert H. Johnson LLC | Robert H. Johnson
    It depends when you filed and what chapters you filed. You may file a chapter 7 every 8 years.
    Answer Applies to: New Jersey
    Replied: 5/1/2013
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Yes you can if it has been 8 years between the 2 chapter 7 cases.
    Answer Applies to: South Carolina
    Replied: 5/1/2013
    Law Offices of Bill N. Jacob
    Law Offices of Bill N. Jacob | Bill N. Jacob
    You can obtain a chapter 7 discharge once every 8 years, and can file a chapter 13 within 4 years after a chapter 7 filing.
    Answer Applies to: Massachusetts
    Replied: 5/1/2013
    Law Office of Barry R. Levine | Barry R. Levine, Esq.
    Depending upon the date of our prior filing, you are close to being able to file again
    Answer Applies to: Massachusetts
    Replied: 5/1/2013
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