If I filled bankruptcy in the past how long do I have to wait before I can file again? 30 Answers as of June 27, 2013

My previous bankruptcy was discharged April 2005 I have some credit card bills I stopped paying a couple years ago and I keep being harassed how what can I do to fix it?

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Lynn Boak, Attorney at Law P.C.
Lynn Boak, Attorney at Law P.C. | Ethelyn (Lynn) Boak
You may file bankruptcy again after seven years from your last filing.
Answer Applies to: Wyoming
Replied: 10/10/2012
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
You can only file Ch. 7 every 8 years.
Answer Applies to: Texas
Replied: 10/9/2012
Kenneth A. Parker, P.C.
Kenneth A. Parker, P.C. | Ken Parker
If you filed a Chapter 7 case in 2005 and plan to file another Chapter 7 case, you will need to wait 8 years from the date you filed. If the previous case was a Chapter 13 case, you can file either a Chapter 7 or 13 case now. You said your case was Discharged in April 2005. If it was a Chapter 7 case, it was most likely filed around December 2004 or January 2005. If that's the case, then you could re-file a Chapter 7 case in December 2012 or January 2013.
Answer Applies to: Georgia
Replied: 10/9/2012
Law Offices of Terrell Monks
Law Offices of Terrell Monks | Terrell Monks
Generally you will have to wait 8 years between Chapter 7 Petitions. (the 8 years is from date of filing, not date of discharge) You can probably still qualify for some relief in a Chapter 13 bankruptcy.
Answer Applies to: Oklahoma
Replied: 10/9/2012
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
Eight years,
Answer Applies to: Tennessee
Replied: 10/9/2012
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    Eight years from chapter 7s to chapter 7. 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. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
    Answer Applies to: Arizona
    Replied: 10/9/2012
    Paul Stuber, Attorney at Law
    Paul Stuber, Attorney at Law | Paul Stuber
    You have to wait 8 years after filing a chapter 7 to file one again.
    Answer Applies to: Colorado
    Replied: 10/8/2012
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need 8 years from the filing date to file a new CH7. You could file a CH13 now but that would require payments. You are probably close to a new CH7 now.
    Answer Applies to: California
    Replied: 10/8/2012
    Stephens Gourley & Bywater | David A. Stephens
    8 year must pass between chapter 7 petitions. I think it is 4 years if you are filing a chapter 13.
    Answer Applies to: Nevada
    Replied: 10/8/2012
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    There are two types of bankruptcy, the Chapter 7, which is the standard bankruptcy, and the Chapter 13, which is the bankruptcy process where you propose a full or partial repayment plan. You are only eligible to file Chapter 7 once every 8 years. The only thing that matters is the date you filed, not the date you were discharged. If you need bankruptcy protection & it hasn't been 8 years since you previously filed a chapter 7 and received a discharge, you could file Chapter 13 and make monthly payments until you become eligible to file another chapter 7.
    Answer Applies to: Nevada
    Replied: 10/8/2012
    The Seaborn Law Office
    The Seaborn Law Office | Sonya Seaborn
    As a general rule, you may file as often as you like; however, the bankruptcy code restricts periods between bankruptcy discharges. You must wait 8 years between Chapter 7 discharges and 2 years between Chapter 13 discharges. If you initially received a Chapter 7 discharge but would like to obtain a Chapter 13 discharge, you must wait four years. If you initially received a Chapter 13 discharge but would like a Chapter 7 discharge, you must wait six years.
    Answer Applies to: Georgia
    Replied: 10/8/2012
    Steven Harrell, Attorney at Law | Waymon Steven Harrell
    You cannot file another Chapter 7 case until 8 years after the date you filed your first Chapter 7 case.
    Answer Applies to: Georgia
    Replied: 10/8/2012
    Bruning & Associates, PC
    Bruning & Associates, PC | Kevin Bruning
    You have to wait 8 years between bankruptcies. You should double-check to ensure the exact date when your previous bankruptcy was filed, and wait to file until it has been 8 years from that date.
    Answer Applies to: Illinois
    Replied: 10/8/2012
    Weber & Phillips, P.A.
    Weber & Phillips, P.A. | John G. Phillips
    If you filed a Chapter 7 last time, then you can file a Chapter 13 that is eligible for discharge four years after the date you filed the Chapter 7 or you can file another Chapter 7 eight years after the filing of the prior case. If your prior filing was a Chapter 13, you can file a Chapter 13 for sure and a Chapter 7 six years after the filing of the Chapter 13. These are general rules and there can be local variance by case law in certain States/Circuits.
    Answer Applies to: Arkansas
    Replied: 10/8/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    If your April 2005 bankruptcy was a Chapter 7, April 2013.
    Answer Applies to: Texas
    Replied: 6/27/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can file 8 years after your previous filing date, not from your discharge date.
    Answer Applies to: New York
    Replied: 10/8/2012
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    You can file now. However, it will be a chapter 13. That will stop all of the calls and you may pay pennies back.
    Answer Applies to: Florida
    Replied: 10/8/2012
    The Law Office of Mark J. Markus
    The Law Office of Mark J. Markus | Mark Markus
    That depends on when your prior case was filed, which chapter you filed, and which chapter you wish to file now (or in the future). Without that information, it is impossible to answer your question. Most likely, based on the information you did provide, you could do a Chapter 13 case now. You might be able to do a Chapter 7 case, but it would depend on when your prior case was filed (and, again, which chapter). Actually, to be more accurate, you can file any chapter at any time. The issue is whether or not you can receive a discharge, and that is what I need the additional information for.
    Answer Applies to: California
    Replied: 10/8/2012
    Law Office of Norman Moore
    Law Office of Norman Moore | Norman P Moore Jr
    It depends. the critical date is the filing date, not the discharge date. The other question is: did you file a 13 or a 7? Either way, you can file a Chapter 13 now. If you filed a 13 you can file a 7 now. If you filed a 7, you can wait 8 years to file another Chapter 7 (which should be soon.)
    Answer Applies to: Wisconsin
    Replied: 10/8/2012
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    In NJ, you can file every 8 years.
    Answer Applies to: New Jersey
    Replied: 6/27/2013
    Law Office of Lynnmarie A. Johnson
    Law Office of Lynnmarie A. Johnson | Lynnmarie Johnson
    You have to wait eight years to file a Chapter 7 if your last one was a Chapter 7. You would be eligible to file a Chapter 13 now whether you filed a Ch 7 or Ch 13 the last time.
    Answer Applies to: Michigan
    Replied: 10/8/2012
    Law Offices of J. L. Haddock, PLLC
    Law Offices of J. L. Haddock, PLLC | Jared L. Haddock
    It depends. If your prior case was a Chapter 7 bankruptcy, then in order to be eligible for another Chapter 7 discharge of your debts again, you must wait eight years after the filing date of you prior Chapter 7 case. If it was a Chapter 13 case, you are eligible to file either a Chapter 7 or a Chapter 13 bankruptcy now. I hope this information helps, but if you would like additional information, I offer free initial consultations at my office.
    Answer Applies to: Michigan
    Replied: 10/8/2012
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    A chapter 7 discharge can be obtained eight years from the date of the filing of the previously filed chapter 7 case.
    Answer Applies to: Michigan
    Replied: 10/8/2012
    The Smalley Law Firm, LLC | Cary Smalley
    What Chapter did you previously file?
    Answer Applies to: Kansas
    Replied: 6/27/2013
    Law Offices of Steven A. Wolvek
    Law Offices of Steven A. Wolvek | Steven A. Wolvek
    You can get a discharge of your unsecured debt once every 8 years.
    Answer Applies to: California
    Replied: 10/8/2012
    Dan Wilson Bankruptcy
    Dan Wilson Bankruptcy | Dan Wilson
    You can file Ch 7 eight years after filing date of a previous 7.
    Answer Applies to: Colorado
    Replied: 10/8/2012
    Danville Law Group | Scott Jordan
    The law requires that in order for you to obtain a discharge, the time between filing the petitions must be 8 years. So, the question is, when did you file the petition the first time.
    Answer Applies to: California
    Replied: 10/8/2012
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    I presume your prior case was a Chapter 7. If so and you are looking at filing a Chapter 7, it is 8 years from the date the previous case was filed. For Chapter 13, it is 4 years.
    Answer Applies to: California
    Replied: 10/8/2012
    LAW OFFICE OF MARGARET L. EVANS, PC
    LAW OFFICE OF MARGARET L. EVANS, PC | Margaret L. Evans
    if you received a discharge in a Chapter 7 case, then you must wait 8 years from the date of that discharge, making you eligible to file again in April 2013, using the first date after the 8-year anniversary of the discharge date. If you file a Chapter 7 and have received a discharge from a Chapter 12 or 13 within the past 6 years, then you can't file until the day after the 6-year anniversary of the 12 or 13 date of discharge. There are other technicalities that may apply, depending on your individual situation.
    Answer Applies to: South Carolina
    Replied: 10/8/2012
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