Can I file bankruptcy now on my own if in 2012, my husband, who has now passed away, and I jointly filed chapter 7? 10 Answers as of April 19, 2017

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Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
No, you must wait until 8 years has passed since the 2012 filing date of the previous Ch. 7. If eligible for Ch. 13, you should explore that possibility with a bankruptcy attorney.
Answer Applies to: Texas
Replied: 4/19/2017
Eranthe Law Firm
Eranthe Law Firm | Cate Eranthe
If you are otherwise eligible you could file a chapter 13 now or a chapter 7 later. There must be 8 years between filing chapter 7 cases.
Answer Applies to: California
Replied: 4/17/2017
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
No. you can file under chapter 13 if four years have passed since you filed chapter 7. You could also file under chapter 13 if two years have passed since the Date you filed the prior case Find an experienced bankruptcy lawyer. It's almost always worth the investment.
Answer Applies to: Wisconsin
Replied: 4/17/2017
Stephens Gourley & Bywater | David A. Stephens
If you got a discharge in 2012, you cannot file chapter 7 yet, but you could file a chapter 13.
Answer Applies to: Nevada
Replied: 4/17/2017
CARL C SILVER ATTORNEY AT LAW
CARL C SILVER ATTORNEY AT LAW | Carl C Silver
You can't file another chapter until 8 years after the date you filed in 2012. However, you can file a chapter 13 now.
Answer Applies to: Michigan
Replied: 4/17/2017
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need 8 years for a new Ch7. You might file a ch13 to bide your time until you are eligible for a ch7. You should consult with local counsel.
    Answer Applies to: California
    Replied: 4/17/2017
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    Well you are not presently eligible to file another Chapter 7 until it has been less than 8 years since filing a previous Chapter 7. You can, however, file a Chapter 13 and pay a portion of your debts, if you need bankruptcy protection.
    Answer Applies to: Nevada
    Replied: 4/17/2017
    Ronald K. Nims LLC | Ronald K. Nims
    No, the limit between Chapter 7 bankruptcies is 8 years or 6 years between a Chapter 7 and a Chapter 13. Since you were part of a 2012 Chapter 7, you will not be able to file a Chapter 7 until 2020 or a Chapter 13 until 2018.
    Answer Applies to: Ohio
    Replied: 4/17/2017
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    No. You have to wait eight years from the date of filing. However, you qualify for a Chapter 13. You would be required to make a small payment for 36 months, then the balance of all debts will be discharged.
    Answer Applies to: Colorado
    Replied: 4/17/2017
    OlsenDaines | Rex Daines
    There must be 8 years between chapter 7 filings. A person can file a chapter 13 and receive a discharge 4 years after a chapter 7.
    Answer Applies to: Oregon
    Replied: 4/17/2017
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