I filed for bankruptcy in 2005, can I file again now? 28 Answers as of June 12, 2013

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Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
You need 8 years..... so sometime in 2013.
Answer Applies to: California
Replied: 12/14/2012
Jonathan P. Shultz | Jonathan P. Shultz
Not if it's the same chapter - has to be 8 years between filing dates. If your 8-year anniversary is coming up soon, we can get started on the work while you make payments on our fee.
Answer Applies to: Colorado
Replied: 12/14/2012
Lyndon Ruhnke, PC
Lyndon Ruhnke, PC | Lyndon Ruhnke
It depends on the type of bankruptcy you filed before and the one you are planning on filing now. Chapter 7 to Chapter 7 is 8 years, Chapter 7 to a Chapter 13 is 4 years, Chapter 13 to a Chapter 7 is 6 years, and Chapter 13 to a Chapter 13 is 2 years.
Answer Applies to: Oregon
Replied: 12/14/2012
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
Every 8 years, filing date to filing date.
Answer Applies to: Texas
Replied: 12/13/2012
A Fresh Start
A Fresh Start | Dorothy G Bunce
You can file Chapter 13 which will require you to make payments to your creditors for 3 - 5 years under a plan you propose and the court approves, but you won't qualify to file another Chapter 7 until 8 years after your previous case was filed (assumiing that it went well and you received a discharge).
Answer Applies to: Nevada
Replied: 12/13/2012
    Ken Love Law | Kenneth Love
    It depends on what chapter you filed, what chapter you filed before, and if you got a discharge or if your case was dismissed.
    Answer Applies to: North Carolina
    Replied: 12/13/2012
    Gonzalez & Tybor, P.A. | Gabriel Gonzalez
    What chapter did you file under in 2005? Did you receive a discharge?
    Answer Applies to: Florida
    Replied: 6/12/2013
    Law Office of Norman Moore
    Law Office of Norman Moore | Norman P Moore Jr
    You can, but not a 7. You must wait until after your filing date in 2013 to file another 7. You can file a 13 if you can't wait until then.
    Answer Applies to: Wisconsin
    Replied: 12/13/2012
    Debt Relief Law Center | Roger J. Bus
    You can file a Chapter 7 eight years from the filing date of the prior Chapter 7. You can file a Chapter 13 four years from the filing date of the prior Chapter 7.
    Answer Applies to: Michigan
    Replied: 12/13/2012
    Law Office of Thomas J. Bashara | Thomas J. Bashara
    You can only obtain a discharge under Chapter 7 if the previous discharge you received was 8 years or more from the date of filing of the new petition. That said, Chapter 13 may be suitable depending on your circumstances.
    Answer Applies to: Arizona
    Replied: 12/13/2012
    G. Anthony Yuthas & Assoc.
    G. Anthony Yuthas & Assoc. | Tony Yuthas
    Yes. No information given on what type of BK was filed. The type is determinative on what you can do now.
    Answer Applies to: Colorado
    Replied: 12/13/2012
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    If you received a discharge then you can file 8 years from the date you previously filed. If your case was dismissed then you can file again now.
    Answer Applies to: New York
    Replied: 12/13/2012
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    If you filed a Chapter 7, you have to wait 8 years, if you filed a Chapter 13 it is generally 6 years until you can file a Ch 7. It is 4 yrs from a Ch 13 until a Ch 7, or 2 years between Ch 13s. So whether or not you can file now depended on what you filed in 2005 and when you got discharged.
    Answer Applies to: Michigan
    Replied: 12/13/2012
    Attorney at Law | David Holbrook
    You must wait 8 years from date of your last filing.
    Answer Applies to: Georgia
    Replied: 12/13/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    If you filed a Chapter 7 and want to file another Chapter 7, then the answer is no. You can only file 8 years after the date the prior case was filed. If you want to file a Chapter 13, then you can as that is 4 years after the date the prior case was filed.
    Answer Applies to: California
    Replied: 12/13/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    You may file a chapter 7 eight years after filing the last chapter 7. You may file a chapter 13 either 4 or 6 years depending on the circumstances. 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.
    Answer Applies to: Arizona
    Replied: 12/13/2012
    Kenneth A. Parker, P.C.
    Kenneth A. Parker, P.C. | Ken Parker
    If you filed a Chapter 7 in 2005 and want to file another Chapter 7, the waiting period is 8 years from the date the 2005 case was filed. If your 2005 case was filed in February for example, you could re-file in February 2013.
    Answer Applies to: Georgia
    Replied: 12/13/2012
    Law Office of Asaph Abrams
    Law Office of Asaph Abrams | Asaph Abrams
    Different variables may effect a different answer (see this San Diego bankruptcy attorney's website for detail), but your situation MAY correspond to this common fact pattern: If you filed a chapter 7 bankruptcy case in 2005 AND received a discharge (successful forgiveness of debt), then you can file another chapter 7 bankruptcy in 2013 (in order to receive a discharge), after it's been 8+ years after the filing date of the first chapter 7 bankruptcy. This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy/legal action.
    Answer Applies to: California
    Replied: 12/13/2012
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    If it was a Chapter 7 case, you are not yet eligible to file another Chapter 7 (it is an 8 year waiting period from filing date to filing date). However, if it was a Chapter 13 case you could file either a Chapter 7 or a Chapter 13 case at this time.
    Answer Applies to: Minnesota
    Replied: 12/13/2012
    Moffa & Bonacquisti, P.A.
    Moffa & Bonacquisti, P.A. | John A. Moffa
    It depends on what Chapter you filed under before and what Chapter you want to file now. It goes from the date you filed the last case to the date you file the next case.
    Answer Applies to: Florida
    Replied: 12/13/2012
    KHANG & KHANG LLP | Joon Khang
    If you filed chapter 7 and received a discharge and want to file chapter 7 again, then you have to wait 8 years from the date you filed your last case.
    Answer Applies to: California
    Replied: 12/13/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    That depends on what chapter you filed in 2005. If you filed a Chapter 7, then it has to be 8 years from the date of the 2005 case to the date of a new Chapter 7 (which means sometime in 2013); however, you could file a Chapter 13 at this time. If you filed a Chapter 13 in 2005, then you are eligible to file either Chapter 7 or Chapter 13 at this time.
    Answer Applies to: Arkansas
    Replied: 12/13/2012
    Richard L. Hirsh, P.C. | Richard L. Hirsh
    Assuming you got a discharge in the prior case, 8 years must pass from the filing of the first case to the filing of the second case.
    Answer Applies to: Illinois
    Replied: 12/13/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    In NJ it depends on your filing date and type of chapter you want to file. It is 8 years from first date of filing till next one but only 5 years for a chapter 13.
    Answer Applies to: New Jersey
    Replied: 12/13/2012
    Connaghan Newberry Law Firm
    Connaghan Newberry Law Firm | Tara D. Newberry
    If you received a discharge from a Chapter 7 filing, then you cannot get another discharge under Chapter 7 until 8 years have passed.
    Answer Applies to: Nevada
    Replied: 12/13/2012
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    If your first case was under Chapter 7, you have to wait 8 years before filing again (measured from date of filing the first case to date of filing the second case).
    Answer Applies to: Wisconsin
    Replied: 12/13/2012
    The Orantes Law Firm
    The Orantes Law Firm | Giovanni Orantes
    You can file a 7 after the 8th anniversary of the date on which your previous petition was filed. Of course, you can file a 13 also, 4 years after a 7. If you filed a 13, the waiting time is only 2 years. And from a 13 to a 7, the wait is 6 years.
    Answer Applies to: California
    Replied: 12/13/2012
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    For Chapter 7, 8 years must pass. Sounds like you have to wait until next year assuming you are talking about a Chapter 7 (both times) and your first case was successful.
    Answer Applies to: Wisconsin
    Replied: 12/13/2012
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