How often can one declare bankruptcy? 16 Answers as of April 21, 2015

I declared bankruptcy about 5 years ago. I would like to know when I can file again.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Ronald K. Nims LLC | Ronald K. Nims
A person can file a Chapter 7 eight years after the previous one or a Chapter 13 four years after.
Answer Applies to: Ohio
Replied: 4/21/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
Not a Chapter 7, but you are eligible for a Chapter 13. You can probably discharge most of your unsecured debt in this Chapter 13, depending on your income and expenses. Pay an experienced BK lawyer for one hour of their time for a complete review and analysis. Good luck!
Answer Applies to: Colorado
Replied: 4/20/2015
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
It depends. You can only file Chapter 7 once every 8 years. A Chapter 13 case can usually be filed anytime.
Answer Applies to: Georgia
Replied: 4/20/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
You can file another Chapter 7 now, but you can't get a discharge, so filing Chapter 7 won't do you much good other than to delay action by your creditors for up to 6 months. You can file Chapter 13 now and make monthly payments to your creditors through a trustee for 3-5 years, depending on your income level. Otherwise, 8 years need to pass before filing another Chapter 7 case.
Answer Applies to: Nevada
Replied: 4/17/2015
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
There must be 8 years between the filing date of one chapter 7 bankruptcy and a second chapter 7 case. If you filed a chapter 13 instead, or if you are considering filing a chapter 13 case now, the waiting periods are shorter.
Answer Applies to: Colorado
Replied: 4/17/2015
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    Depends on the type of bankruptcy. If you did a chapter 7 and you want to do another chapter 7, then you have to wait 8 years from the date you filed your first case. If you want to do chapter 13 then it's 4 years. Which is feasible or better and whether it makes sense to wait or proceed under chapter 13 instead depends on more facts of your situation: your current income, expenses, types and amounts of debts.
    Answer Applies to: California
    Replied: 4/17/2015
    Stephens Gourley & Bywater | David A. Stephens
    You can declare chapter 7 and get a discharge every 8 years. You can declare a chapter 13 after four years.
    Answer Applies to: Nevada
    Replied: 4/17/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    You could file a chapter 13 which involves a structured repayment plan, but you can't file chapter 7 again until 8 years have passed.
    Answer Applies to: Oregon
    Replied: 4/17/2015
    Danville Law Group | Scott Jordan
    What type of bankruptcy? Did you receive a discharge? Is the case closed? If you filed a Chapter 7 previously, you can probably file a Chapter 13 now, but you would not receive a discharge of debts. The time between Chapter 7s is 8 years from the date of the previous filing.
    Answer Applies to: California
    Replied: 4/17/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can file another chapter 7 every 8 years and you could file a chapter 13 now if you wanted to.
    Answer Applies to: New York
    Replied: 4/17/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need 8 years for Chapter 7. You can file a Chapter 13 now. Get it dismissed when you are eligible to for Chapter 7. You can't convert the 13 to a 7 because the filing date is what counts.
    Answer Applies to: California
    Replied: 4/17/2015
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney