How long before I can file for bankruptcy for a second time? 3 Answers as of July 22, 2010

I have filed for chapter 7 before. How much time must I allow before I can potentially file for bankruptcy again?

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David Nelson
David Nelson | David Nelson
That's one of the changes made to the law in 2005 as part of the reform act. If your previous case was a chapter 7, you can file a new chapter 7, 8 years later from file date to file date. If your previous case was a chapter13, you can file a new chapter 7, 6 years later. If your previous case was a chapter 7, you can file a new chapter 13, 4 years later. If your previous case was a chapter 13, you can file a new chapter 13, 2 years later.

However, it gets even better, because of the Loan Modifications, and how long those take. I have often had cases now where my clients have had to wait quite a long time before they finally get their cases filed. We have used the same techniques to hold the dogs at bay for clients who need to file prior to their 8 or 6 yearmarks coming due.

So, I've had at couple of clients who had to wait upwards of a year or more before we filed their chapter 7 because they were in trouble earlier than the 8 years when the economy went bad. We can help you too.

Call me to set an appointment, I practice law throughout Southern California and the Bay Area. I am only licensed in California.
Answer Applies to: California
Replied: 7/22/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You have to wait eight (8) years to file another chapter 7. However, you could consider a chapter 13.
Answer Applies to: California
Replied: 7/7/2010
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