How often can one declare bankruptcy? Why? 13 Answers as of April 29, 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
Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
The answer to your question depends upon which type of case you filed previously and which type of case you hope to file now. If your prior case was a chapter 7 filing, you are now eligible to file a chapter 13 case, but 8 years have to pass after the first filing date before you may file another chapter 7.
Answer Applies to: Colorado
Replied: 4/29/2015
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
You can file a Chapter 7 once every eight years. You are eligible to file a Chapter 13 now, and discharge most of your debt. Pay an experienced lawyer for advice. Don't skimp here!
Answer Applies to: Colorado
Replied: 4/29/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
You can file a chapter 7 in 3 more years, or you can file a chapter 13 now and convert it to a chapter 7 on 3 more years.
Answer Applies to: New York
Replied: 4/29/2015
Ronald K. Nims LLC | Ronald K. Nims
You can declare Chapter 7 every 8 years, you can declare Chapter 13 four years after a Chapter 7 case. There are more options in complex cases Why? Because that's the way Congress wrote the law.
Answer Applies to: Ohio
Replied: 4/27/2015
Novakov & Associates, PLLC
Novakov & Associates, PLLC | LINDA S. NOVAKOV
The time frame is 8 years from date of last filing.
Answer Applies to: Kentucky
Replied: 4/28/2015
    Stephens Gourley & Bywater | David A. Stephens
    Eight years for chapter 7 and four years for chapter 13.
    Answer Applies to: Nevada
    Replied: 4/28/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need 8 years for a new ch7. You can file a ch13 in the meantime.
    Answer Applies to: California
    Replied: 4/27/2015
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Three more years for a chapter 7 right now for a chapter 13.
    Answer Applies to: Michigan
    Replied: 4/27/2015
    Tokarska Law Center
    Tokarska Law Center | Kathryn U. Tokarska
    There are several different types of bankruptcies. If you filed specifically a CHAPTER 7 case, the earliest you could file another chapter 7 is 8 years and a chapter 13 in 4 years after the first chapter 7 case was filed. The reason why this is so is because that is what Congress put into the bankruptcy laws.
    Answer Applies to: California
    Replied: 4/27/2015
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You can file chapter 13 right now and make payments based on what the court determines you can afford. To obtain a fresh start in chapter 7 you must wait a total of 8 years from the date your previous chapter 7 was filed (if you successfully concluded the chapter 7 with a discharge).
    Answer Applies to: Nevada
    Replied: 4/27/2015
    David Andersen & Associates PC | Jeremy Shephard
    It depends on the chapter of bankruptcy you filed. You can file a Chapter 13 bankruptcy now. If you filed a Chapter 7 5 years ago, you have 3 years to go to hit the 8-year timeframe for eligibility.
    Answer Applies to: Michigan
    Replied: 4/24/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    If you got a discharge under chapter 7, you must wait 8 years from the date you filed your petition until you can refile under Chapter 7. You can file under Chapter 13 if four years pass. If your discharge was under Chapter 13, you need only wait 2 years to file again under Chapter 13. Ifthe second case is under Chapter 7, you would have to wait 6 years. There are details and exceptions. It's best to consult a skilled bankruptcy lawyer.
    Answer Applies to: Wisconsin
    Replied: 4/24/2015
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    To file another Chapter 7, you must wait 8 years.
    Answer Applies to: Georgia
    Replied: 4/24/2015
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney