How often can you declare bankruptcy? 5 Answers as of August 27, 2010

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

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Fasel, Fasel & Nefulda, LLP
Fasel, Fasel & Nefulda, LLP | Jordan Nefulda
Assuming you are referring to a Chapter 7 Bankruptcy, you can't file again if your debts were discharged within the previous eight years.
Answer Applies to: California
Replied: 7/28/2010
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
Assuming you received a discharge:

Prior chapter 7 discharge - you cannot file for bankruptcy yet
File another chapter 7 after 8 years.
File a chapter 13 after 6 years.

or Prior chapter 13 discharge:
File a chapter 7 after 4 years
File another chapter 13 after 2 years.
Answer Applies to: California
Replied: 7/27/2010
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
You can file a chapter 7 once every 8 years. You might be able to file a chapter 13 case. Contact me for more information.
Answer Applies to: California
Replied: 7/27/2010
David Nelson
David Nelson | David Nelson
This is one of the little rules that was simple and elegant in the old law, and they've twisted it into a German pretzel in the new law.

If you received a discharge in your prior bankruptcy, AND:

If your prior case was a chapter 7 then you can do another 7 after 8 years, file date to file date. If your prior case was a chapter 7 then you can do chapter 13 after 6 years, file date to file date.

If your prior case was a chapter 13, then you can do a chapter 7 after 4 years file date to file date.
If your prior case was a chapter 13, then you can do a chapter 13 after 2 years file date to file date.

Now what I want to know is how that last one can take place, your chapter 13 bankruptcy payment plan is supposed to last at least 3 years and no longer than 5. You can go shorter by court order if you can show cause and show that you've paid the right percentage of your payment plan already.

I serve all of California. For more information or for a telephonic appointment do not hesitate to contact me.
Answer Applies to: California
Replied: 7/27/2010
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