Can I file Chapter 7 bankruptcy again if it is an emergency? 19 Answers as of February 14, 2011

I filed Chapter 7 bankruptcy 6 years ago and I received credit cards within 2 years of filing. I was let go from my job in March 2010 and am having a hard time paying the credit card companies. Three credit cards to be exact. Can I file again if it is an emergency? One card has a collection agency after me. I just need to be done with credit cards for the rest of my life.

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Stuart Jon Bierman  Attorney at Law
Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
Sorry to say I do not know of any way that you can qualify for Chapter 7. However, you should be able to file for a 13 and then switch to a 7 when the 8 year waiting period is over. Hope this is helpful to you.
Answer Applies to: New Jersey
Replied: 2/14/2011
Uriarte & Wood, Attorneys at Law
Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
No. you must wait eight years after your previous filing.
Answer Applies to: California
Replied: 2/14/2011
Gresham Family & Bankruptcy Law
Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
An emergency filing is typically related to unanticipated medical bills or disability. You do not appear to qualify. Because you need to wait 8 years before filing a new Chapter 7, you may need to consider a Chapter 13 instead. Contact a bankruptcy attorney in your area. Many will give you an initial consultation for no or a very low fee.
Answer Applies to: Oregon
Replied: 2/12/2011
Law Offices of Michael J. Berger
Law Offices of Michael J. Berger | Michael J. Berger
No. 11 U.S.C. Section 727 (a) (8) provides that the Court shall not grant the debtor a discharge if "the debtor has been granted a discharge under this section . . . in a case commenced within 8 years before the date of the filing of the petition." You need to wait 8 years, not 6 years. Being an emergency does not make a difference. You are eligible to file a Chapter 13 4 years after the filing of your Chapter 7 (see 11 U.S.C. Section 1328(f) (1). For comprehensive, expert advice about what is best for your situation, call me.
Answer Applies to: California
Replied: 2/12/2011
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
No.
Answer Applies to: Alabama
Replied: 2/12/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You may only file a chapter 7 bankruptcy once every 8 years. You may qualify for a chapter 13 filing (which is reorganization and payment plan). Speaking with a bankruptcy attorney can provide you with your options.
    Answer Applies to: California
    Replied: 2/11/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    No you must wait for 8 years no exceptions.
    Answer Applies to: Tennessee
    Replied: 2/11/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You might qualify for a Chapter 13, a re-payment program. See a lawyer about qualifying for that.
    Answer Applies to: California
    Replied: 2/11/2011
    Law Office of James Wang, APLC
    Law Office of James Wang, APLC | James Wang
    You will likely not qualify to file for Chapter 7 based on your situation. However, there are many other options you might be able to explore.
    Answer Applies to: California
    Replied: 2/11/2011
    Greifendorff Law Offices, PC
    Greifendorff Law Offices, PC | Christine Wilton
    Yes you can file, but you cannot obtain a discharge until 8 years has passed.
    Answer Applies to: California
    Replied: 2/11/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You cannot file a Chapter 7 for two more years (it goes by the filing date of the Chapter 7 and not by the discharge date). You can file a Chapter 13 and pay in the plan whatever you can afford according to your budget which may be all or very little depending on your income and necessary expenses.
    Answer Applies to: California
    Replied: 2/11/2011
    Law Office of Larry Webb
    Law Office of Larry Webb | Larry Webb
    No, you cannot.
    Answer Applies to: California
    Replied: 2/11/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    You can file, but you won't be able to get a discharge of debts. If you want to get a discharge in a Chapter 7 case, you must wait until 8 years have passed since the date you filed your prior case. You can probably file a Chapter 13 case now though.
    Answer Applies to: California
    Replied: 2/11/2011
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    No. You simply cannot file if the 8 years from the date of the filing of the bankruptcy case in which you received your discharge have not elapsed. However, if you are married, your spouse maybe able to file to protect you as well or you can file a Chapter 13 case. You should consult an experienced attorney to try to find a solution for you.
    Answer Applies to: California
    Replied: 2/11/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    No. You can only file a chapter 7 once every 8 years.

    You can file a chapter 13 at this time.
    Answer Applies to: California
    Replied: 2/11/2011
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    If you received a discharge in the prior case, you are not eligible for another chapter 7 discharge for 8 years. If you have regular income you may file chapter 13, which is a repayment bankruptcy based on your income. Consult with an attorney.
    Answer Applies to: California
    Replied: 2/11/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    Only after 8 years from the date of filing of your previous ch. 7.
    Answer Applies to: California
    Replied: 2/11/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You can file Ch 13 now but must wait 8 full years before filing another Ch 7. So you would need ot wait another couple of years to file 7.
    Answer Applies to: California
    Replied: 2/11/2011
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