How long will it take before I can file bankruptcy again? 28 Answers as of June 18, 2012

Is there a time interval? I filed for bankruptcy 5 years ago, but it was dismissed.

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Marc S. Stern
Marc S. Stern | Marc S. Stern
You cha receive a discharge in a Chapter 7 every 8 years. A Chapter 13 is 4 years. It is somewhat more complicated than that but that is the basic rule. The date runs from petition date to petition date. If your case was "dismissed" you can file any time. If you got a "discharge" the time limits above apply. Any number of people use discharge and dismiss interchangeably. In the bankruptcy world they have specific and different meanings.
Answer Applies to: Washington
Replied: 6/18/2012
Rosenberg & Press
Rosenberg & Press | Max L. Rosenberg
You would need to look at your dismissal order from your last bankruptcy. You are allowed to file bankruptcies eight years apart. In actuality you are allowed a discharge every eight years in bankruptcy. If your dismissal says that there was no prejudice you may be allowed to file now already.
Answer Applies to: Connecticut
Replied: 6/15/2012
Butler Law Office | Allen D. Butler
Under the bankruptcy amendments passed in 2005, a filer cannot receive a chapter 7 discharge if a prior chapter 7 was filed (and a discharge received) within the last 8 years. However, that individual might be eligible to file a chapter 13 bankruptcy and receive a chapter 13 bankruptcy if 4 years has passed. Every client's situation is different and a consultation with a knowledgeable bankruptcy attorney is always advisable.
Answer Applies to: Arizona
Replied: 6/15/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If it was dismissed you can file again now.
Answer Applies to: California
Replied: 6/15/2012
Bird & VanDyke, Inc.
Bird & VanDyke, Inc. | David VanDyke
If your case was dismissed 5 years ago you should be able to file now. With a chapter 7 you must wait 8 years if you received a discharge to file another chapter 7 and 4 years to file a chapter 13. A dismissal is not a discharge and usually you can file again right away.
Answer Applies to: California
Replied: 6/15/2012
    G. Anthony Yuthas & Assoc.
    G. Anthony Yuthas & Assoc. | Tony Yuthas
    Depends on the reason for dismissal.
    Answer Applies to: Colorado
    Replied: 6/15/2012
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    10 years but if dismissed you can do it now.
    Answer Applies to: California
    Replied: 6/15/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    You can file any time as long as your case was dismissed and not discharged. There is a lot of planning that should go into the timing on filing a bankruptcy. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
    Answer Applies to: Arizona
    Replied: 6/15/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    If you did not get a discharge you are eligible for either Ch 13 or 7.
    Answer Applies to: Colorado
    Replied: 6/15/2012
    Law Office of Pho Ethan Tran PLLC
    Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
    You normally have to wait 8 years before you can file for bankruptcy again.
    Answer Applies to: Texas
    Replied: 6/15/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    To receive a discharge you may file a chapter 7 bankruptcy eight years from the commencement of the prior chapter in which you received a discharge.
    Answer Applies to: Michigan
    Replied: 6/15/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If it was not discharged than you can file again.
    Answer Applies to: New York
    Replied: 6/15/2012
    Olson Law Firm | Edward M Olson
    You must wait seven years after obtaining a discharge before you can file again.
    Answer Applies to: Michigan
    Replied: 6/15/2012
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    Generally if it was dismissed, depending on who did the dismissing, you can file a year later.
    Answer Applies to: Michigan
    Replied: 6/15/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    See an attorney, depending on the actions 5 years ago you may be able to file now, or be precluded from filing for another 5 years.
    Answer Applies to: Michigan
    Replied: 6/15/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    If it was dismissed without a specific bar to refiling, then you should be able to file whenever you wish. Just check with a local attorney who can access your old file electronically and they can give you good, specific guidance.
    Answer Applies to: Arkansas
    Replied: 6/15/2012
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    There is an 8 year bar to filing a second chapter 7 if you received a discharge in the prior case.? If you didn't receive a discharge you are eligible to file again without waiting.? Consult an attorney as to the specific facts of your case.
    Answer Applies to: California
    Replied: 6/14/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Approximately 7 years.
    Answer Applies to: Florida
    Replied: 6/14/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you case was dismissed, then you should be able to file at any time. If you filed a chapter 7 and it went through, then you have to wait 8 years to file again.
    Answer Applies to: California
    Replied: 6/14/2012
    Alvin Lundgren | Alvin Lundgren
    At least 7 years from the date of discharge.
    Answer Applies to: Utah
    Replied: 6/14/2012
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    No time wait if it was dismissed.
    Answer Applies to: California
    Replied: 6/14/2012
    Attorney At Law | Harry D. Roth
    If your case was dismissed before discharge, then the time interval is either zero or 6 months, depending upon why it was dismissed. Otherwise, if you did receive a discharge, it is 8 years from a chapter 7 to a new chapter 7 and 4 years from a chapter 7 to a chapter 13.
    Answer Applies to: California
    Replied: 6/14/2012
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    I'd need to know more details. You likely are eligible again.
    Answer Applies to: Georgia
    Replied: 6/14/2012
    Bruce Plesser | Bruce Plesser
    I think you can file now.
    Answer Applies to: Florida
    Replied: 6/14/2012
    Steven Alpers | Steven Alpers
    You can apply now.
    Answer Applies to: California
    Replied: 6/14/2012
    Debt Relief Law Center | Roger J. Bus
    If the prior case was dismissed, you can usually refile immediately. Consult a bankruptcy attorney.
    Answer Applies to: Michigan
    Replied: 6/13/2012
    Wajda Law Group, APC
    Wajda Law Group, APC | Nicholas M. Wajda
    If you did not receive a discharge of your debt then there is no waiting period (unless of course you were barred from re-filing for some reason but that is rare).
    Answer Applies to: Nevada
    Replied: 6/13/2012
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