Can I file for bankruptcy again? 35 Answers as of June 23, 2013

I recently got married and ended up in a lot of debt. My wife left and I'm stuck with so much debt that it's overwhelming. Can I file for bankruptcy again? I filed when I was single.

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Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
On time limitations.
Answer Applies to: California
Replied: 6/23/2013
Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Depends on what chapter and how many years have passed since discharge. Contact a local attorney for specifics.
Answer Applies to: Washington
Replied: 2/29/2012
Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
Bankruptcy Timeline: Discharge in Prior Bankruptcy What Bankruptcy Chapter is Available Timeline between Bankruptcies (count from filing date of the prior) Chapter 7 Chapter 7 8 years [727(a)(8)] Chapter 13 Chapter 7 6 years [727(a)(9)] Chapter 7 Chapter 13 4 years [1328(f)(1)] Chapter 13 Chapter 13 2 years [1328(f)(2)]
Answer Applies to: Florida
Replied: 2/28/2012
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
Filing bankruptcy multiple times is possible, but the time between filings may limit or prohibit a particular chapter of bankruptcy relief to you.
Answer Applies to: Indiana
Replied: 2/27/2012
Ashman Law Office
Ashman Law Office | Glen Edward Ashman
It depends on how long ago you filed. You didn't tell us that.
Answer Applies to: Georgia
Replied: 6/19/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    It depends on how many years ago that was and what chapter you filed. If you filed a chapter 7 case, you need to wait 8 years to file another chapter 7.
    Answer Applies to: California
    Replied: 2/27/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Your filing for chapter 7 relief must be more than 8 years from the filing of the previously filed chapter 7 case to receive a discharge.
    Answer Applies to: Michigan
    Replied: 2/27/2012
    Bereliani Law Firm | Sanaz Sarah Bereliani
    You can receive a discharge of your debt once every 8 years. You can file a chapter 13 four years after filing a chapter 7. I would consult a lawyer about your particular situation.
    Answer Applies to: California
    Replied: 2/27/2012
    Philip R. Boardman, Attorney at Law
    Philip R. Boardman, Attorney at Law | Phil Boardman
    Yes you can. You just have to make sure that enough years have passed. If you are filing two chapter 7's back to back, you will need to wait 8 years. A 13 following a 7 is 6 years.
    Answer Applies to: Virginia
    Replied: 2/27/2012
    Christine Alexis Gay, P.A. | Christine Alexis Gay
    If it has been longer than eight years since you filed.
    Answer Applies to: Florida
    Replied: 2/27/2012
    Bird & VanDyke, Inc.
    Bird & VanDyke, Inc. | David VanDyke
    You can file a chapter 7 every 8 years. 8 years must transpire between filing dates.
    Answer Applies to: California
    Replied: 2/27/2012
    Weber Law Firm, P.C.
    Weber Law Firm, P.C. | William Weber
    Yes. But you can only refile after 7 years have elapsed from the date the first bankruptcy petition was filed.
    Answer Applies to: Texas
    Replied: 2/27/2012
    The Barger Law Firm
    The Barger Law Firm | Jason W. Barger
    Whether you can refile or not depends on what Chapter of the bankruptcy code you filed under previously and how much time has passed since the discharge (assuming you received a discharge). If the first case was a Chapter 7 and you want to file another Chapter 7, you must wait 8 years since the date of discharge. If the first case was a Chapter 7 and you want to file another Chapter 13, you must wait 4 years since the date of discharge. If the first case was a Chapter 13 and you want to file a Chapter 7, you must wait 6 years since the date of discharge. If the first case was a Chapter 13 and you want to file another Chapter 13, you must wait 2 years since the date of discharge.
    Answer Applies to: Texas
    Replied: 2/25/2012
    Neuhaus Law Office
    Neuhaus Law Office | Gregory M. Neuhaus
    Assuming you are talking about Chapter 7 bankruptcy, you must wait eight years from the date you last filed. You marital status has no effect on the date you can file again.
    Answer Applies to: Nebraska
    Replied: 2/25/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    You can only get Chapter 7 relief every eight years. The effective date to measure the time period is from the date you filed the first Chapter 7 case.
    Answer Applies to: Georgia
    Replied: 2/27/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    When you can file again depends on what chapter you filed before. If you filed a Chapter 7 before, you can file a Chapter 7 again 8 years after the filing of the prior Chapter 7 and can file a Chapter 13 6 years after the prior Chapter 7. If you filed a Chapter 13 before, you can file a Chapter 7 after 4 years and another Chapter 13, 2 years later.
    Answer Applies to: California
    Replied: 2/27/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need 8 years between chapter 7's.
    Answer Applies to: California
    Replied: 2/24/2012
    Ipson Law Firm, PLLC
    Ipson Law Firm, PLLC | Michael Ipson
    If you filed within the last 8 years then no but she can file individually. If you recently got married I am assuming that all of this debt is her's and would be taken care of in a Ch 7.
    Answer Applies to: Utah
    Replied: 2/24/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Jackie Ferguson Graham
    Under BACPA ( the new bankruptcy act) you have to wait 8 years after filing a chapter 7 before filing a new chapter 7, 2 years after a discharged 13 to get a discharge in another 13 and 4 years after a 7 to get a discharge in a new 13.
    Answer Applies to: Alabama
    Replied: 2/24/2012
    THOMAS G. GILL, P.A. | Thomas G Gill
    You are eligible for a chapter 7 discharge once every eight years.
    Answer Applies to: Maryland
    Replied: 2/24/2012
    Moore Taylor & Thomas PA
    Moore Taylor & Thomas PA | Jane Downey
    It depends on the number of years.
    Answer Applies to: South Carolina
    Replied: 2/24/2012
    J.M. Cook, P.A. | J.M. Cook
    You can always file again but these are specific time periods between when you can get discharged. This is dependent on what chapter you previously filed and the disposition.
    Answer Applies to: North Carolina
    Replied: 2/24/2012
    The Stockman Law Office | Mary Stockman Esq.
    It matters what year you have filed for bankruptcy.
    Answer Applies to: Florida
    Replied: 2/24/2012
    Debt Relief Law Center | Roger J. Bus
    It depends. If you filed a Chapter 7 before, you can file again 8 years from the filing date of the prior Chapter 7. You can file a Chapter 13 if your prior Chapter 7 was filed more than 2 years ago. Congress tacked on another year between 7 filing.
    Answer Applies to: Michigan
    Replied: 2/24/2012
    The Law Offices of Kristy Qiu
    The Law Offices of Kristy Qiu | Mengjun Qiu
    It depends on which chapter you previously filed and how long ago. You can file at any time for strategic reasons but your debts won't be discharged. The time between bankruptcy discharges goes like this: if you filed for a chapter 7 and you want to file for another chapter 7, you won't receive a discharge in 8 years. For chapter 7 - chapter 13, 6 years. For chapter 13 - chapter 7, 4 years and chapter 13 - chapter 13, 2 years.
    Answer Applies to: Florida
    Replied: 2/24/2012
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    The question, "whether you can file again," depends on what year you filed bankruptcy. These are the guidelines as to when you can file. It should be 8 years between Chapter 7's, 2 years between Chapter 13's and 4 years between a Chapter 7 and a Chapter 13. The time is counted from filing to filing and not from first discharge to second filing.
    Answer Applies to: Florida
    Replied: 2/24/2012
    Law Office of William C. Wood, LLC | William C. Wood
    It depends on when you filed, what Chapter you filed under (e.g., 7 or 13), and what the disposition of the case was (discharge, dismissal, etc.). For example, you have to wait 8 years file a subsequent Chapter 7.
    Answer Applies to: Maryland
    Replied: 2/24/2012
    The Smalley Law Firm, LLC | Cary Smalley
    That depends how long ago you first filed and what chapter.
    Answer Applies to: Kansas
    Replied: 2/24/2012
    The Slate Law Firm
    The Slate Law Firm | Dennis M Slate
    You must wait 7 years before filing again.
    Answer Applies to: Texas
    Replied: 2/24/2012
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