How much time must pass before I can file for bankruptcy for a second time? 15 Answers as of March 28, 2011

How much time must pass before I can file for bankruptcy for a second time?

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Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
If you filed a Chapter 7, you must wait 8 years from the date of filing to file another Chapter 7.
Answer Applies to: Indiana
Replied: 3/28/2011
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
It depends - If your prior bankruptcy was a Chapter 7, and you want to filing another Chapter 7, you must wait 8 years. If you want to file a Chapter 13 now, you will have to wait 4 years from your Chapter 7 discharge. If your prior bankruptcy was a Chapter 13, you may have to wait up to six years from the time of filing depending on how much you repaid in the plan.
Answer Applies to: California
Replied: 3/24/2011
The Law Office of John T. MacDonald Jr., PLLC
The Law Office of John T. MacDonald Jr., PLLC | John MacDonald Jr.
It really depends. It is best to discuss your case with a bankruptcy attorney because timing on filing again depends on the chapter you filed under before.
Answer Applies to: Michigan
Replied: 3/24/2011
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need 8 years between Chapter 7 cases. You can file a Chapter 13 case sooner than that, but the Chapter 13 case could not be converted to Chapter 7 later. The subsequent Chapter 13 would have to be dismissed and new Chapter 7 filed.
Answer Applies to: California
Replied: 3/24/2011
Gus Johnson Attorney at Law
Gus Johnson Attorney at Law | Gus Johnson
For chapt 7, it's 7 years from date of filing, for chap 13 it's 4 yrs.
Answer Applies to: South Dakota
Replied: 3/24/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    If a chapter 7, you must wait eight years.
    Answer Applies to: Alabama
    Replied: 3/24/2011
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    That depends on what chapter of bankruptcy you filed before, whether you received a discharge, and what chapter you're eligible for now. There's simply not enough information to answer your questions. If you're talking about Chapter 7, you must wait 8 years after filing a prior Chapter 7 case in which you received a discharge. The time periods are different for Chapter 13, 11, etc.
    Answer Applies to: California
    Replied: 3/23/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    If you last filed a Chapter 7 case and was granted a discharge then you cannot file a Chapter 7 case for 8 years. If you last filed a Chapter 7 case and was granted a discharge then you cannot file a Chapter 13 case for 4 years if you need to obtain a discharge. Chapter 13 cases are used sometime to pay arrears on a mortgage, pay back taxes that are not dischargeable and many other reasons tha where the person may not need a discharge of debts or don't care about the discharge. Therefore, you can file a Chapter 13 anytime after any previous bankruptcy case is closed but you may not be eligible for a discharge in the Chapter 13 case depending on when you filed the last bankruptcy case and under what chapter you last filed. Whether or not the automatic stay takes effect or takes effect for a limited time depends on other cases previously filed so you better check with a bankruptcy lawyer before filing any bankruptcy case if you have filed a case within the previous 8 years.
    Answer Applies to: California
    Replied: 3/23/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    Your eligibility for a filing a second BK is as follows, time btw discharges: Ch7-Ch7: 8yrs Ch7-Ch13: 4yrs Ch13-Ch7: 6yrs Ch13-Ch13: 2yrs
    Answer Applies to: Washington
    Replied: 3/23/2011
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    If it is a Chapter 7 bankruptcy then it is eight (8) years from the filing date.
    Answer Applies to: Florida
    Replied: 3/23/2011
    Uriarte & Wood, Attorneys at Law
    Uriarte & Wood, Attorneys at Law | Robert G. Uriarte
    8 years from the last filing.
    Answer Applies to: California
    Replied: 3/23/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Chapter 13s can be filed every 4 years, chapter 7s every 8 years. On both cases, you must otherwise meet filing requirements. Please contact me for a free consultation.
    Answer Applies to: California
    Replied: 3/23/2011
    Burnham & Associates
    Burnham & Associates | Stephanie K. Burnham
    If you received a Chapter 7 discharge you must wait 8 years from the date of discharge to file again. If you received a Chapter 13 discharge you must wait 4 years.
    Answer Applies to: New Hampshire
    Replied: 3/23/2011
    Law Office of David P. Farrell
    Law Office of David P. Farrell | David Farrell
    It depends on the type of case you previously filed and when you filed it, and the type of case you intend on filing. Take a look at my prior postings wherein I described the relevant time frames.
    Answer Applies to: California
    Replied: 3/23/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    If you're talking about the time between Chapter 7s, its eight years between filing dates. Feel free to call my office.
    Answer Applies to: California
    Replied: 3/23/2011
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