If my first bankruptcy has been discharged more than 8 years ago, can I file for a second bankruptcy? 28 Answers as of June 24, 2014

I need to file chapter 13 for the second time ASAP. Can I do it if my first bankruptcy has been discharged for more than 8 years now?

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EDWARD P RUSSELL | EDWARD P RUSSELL
Yes, you can file a Chapter 13 if it has been more than 4 years since a Chapter 7 discharge.
Answer Applies to: Minnesota
Replied: 6/24/2014
Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
Yes you can. Pursuant to US Code 11 1328(f)(2)]. If you previously filed a Ch. 13 that was discharged you can file another Chapter 13 during the 2-year period preceding the date of such order.
Answer Applies to: Florida
Replied: 6/23/2014
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
Yes you can.
Answer Applies to: New York
Replied: 6/23/2014
Rhymer Law Firm
Rhymer Law Firm | William Rhymer
Yes, you are legally able to file either a Chapter 7 or a Chapter 13. I would suggest you talk with an experienced bankruptcy attorney so that together you can decide whether a bankruptcy is in fact needed and if so which Chapter would be in your best interest.
Answer Applies to: Georgia
Replied: 6/23/2014
Tidewater Law Group PLLC | Seth Schoenfeld
Yes, you can file a chapter 13 Bankruptcy and receive a discharge immediately.
Answer Applies to: Virginia
Replied: 6/23/2014
    Ronald K. Nims LLC | Ronald K. Nims
    The 8 year rule applies to Chapter 7, a person can file a 2nd Chapter 7 if the previous bankruptcy was FILED (the filing date, not the discharge date) more than 8 years ago. A person can file a Chapter 13 if the previous bankruptcy was filed more than 4 years ago.
    Answer Applies to: Ohio
    Replied: 6/23/2014
    Benson Law Firm
    Benson Law Firm | David Benson
    Yes. Here is an overview of the rules regarding waiting periods between bankruptcies: Filing a Chapter 7 case: 1. If you received a discharge in the first Chapter 7 case, you have to wait 8 years from the filing date before you can file another 7. 2. If you received a discharge in a prior Chapter 13 case, the time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case. If you did, there is no waiting period. If you did not, you have to wait 6 years after the filing of the 13. 3. If you did not receive a discharge, there is no waiting period. Filing a Chapter 13 case: 1. If you received a discharge in a prior chapter 7 case, you can file under chapter 13 case at any time. However, if you file the 13 within 4 years of the date you filed the 7, you will not receive a discharge. (Some do this anyway to catch up on a mortgage arrearage.) 2. If you received a discharge in a prior Chapter 13 case, there is a 2-year waiting period - but since nearly every 13 takes longer than 2 years to complete, this rule rarely applies. 3. As with filing under Chapter 7, there is no waiting period if you did not receive a discharge in the prior case.
    Answer Applies to: Ohio
    Replied: 6/23/2014
    Hicks, Massey & Gardner, LLP
    Hicks, Massey & Gardner, LLP | Robert M. Gardner, Jr.
    8 years is plenty of time between discharge dates to file a new chapter 13.
    Answer Applies to: Georgia
    Replied: 6/23/2014
    Law Office of Peter M. Lively
    Law Office of Peter M. Lively | Peter M. Lively
    Filing a case is not the same as receiving a discharge. You can file a Chapter 13 if no other cases are pending and use it to reorganize without receiving a discharge, if you need to. If you received a discharge in Chapter 13 filed within the past two years, you can file another Chapter 13 and be eligible for a discharge. However, if your prior discharge was in a Chapter 7, 11, or 12 case, then the waiting period from petition date to petition date is at least one day more than four years to be eligible for discharge in the subsequent Chapter 13 case. The period between Chapter 7 discharge and a new Chapter 7 case wherein another Chapter 7 discharge is available is at least eight years and a day.
    Answer Applies to: California
    Replied: 6/23/2014
    Michael B. McFarland, P.A. | Michael B. McFarland
    Yes. A new bankruptcy can be filed if it was 8 years since your last filing date - not the discharge date; and a Chapter 13 can be filed 4 years after your last chapter 7 filing. You should consult with an experienced bankruptcy attorney for assistance, however.
    Answer Applies to: Idaho
    Replied: 6/23/2014
    Law Offices of A. J. Mitchell, LLC
    Law Offices of A. J. Mitchell, LLC | A. J. Mitchell
    Yes. Looks like you are good to go.
    Answer Applies to: Georgia
    Replied: 6/23/2014
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    Yes, you qualify to file again. If you received a discharge in the first chapter 13 case, you would be eligible to file a new chapter 13 case in as little as 2 years after the filing of the old case. 11 U.S.C. Sec. 1328(f)(2).
    Answer Applies to: Texas
    Replied: 6/23/2014
    Idaho Bankruptcy Law | Paul Ross
    You can file a Ch 7 and receive a discharge if it is more than 8 years since the filing of the last case. To receive a discharge in a Ch 13, only 4 years needs to have passed since the filing of the last Ch 7.
    Answer Applies to: Idaho
    Replied: 6/23/2014
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    You may file a Chapter 13 even if it has been less than 8 years since you filed your previous bankruptcy. Since more than 8 years have passed since your previous bankruptcy, you could file for either Chapter 7 or Chapter 13, assuming that you qualify to do so.
    Answer Applies to: Nevada
    Replied: 6/23/2014
    Law Office of Melissa Botting | Melissa Botting
    You can file another chapter 13 less than eight years after your last discharge. Once the eight years have passed since your last discharge, you are entitled to receive another discharge. In other words, your new Chapter 13 does not have to be a 100% plan.
    Answer Applies to: Texas
    Replied: 6/23/2014
    Davis Law SC | D. Nathan Davis
    Yes you could file a bankruptcy under either chapter 7 or chapter 13 of the bankruptcy code. You cannot file a subsequent chapter 7 for eight years after you filed your first chapter 7 case. The time for when you could have filed a chapter 13 is even less. You need to meet with an attorney as soon as possible to determine whether filing a bankruptcy case is in your best interest.
    Answer Applies to: South Carolina
    Replied: 6/23/2014
    Moore Taylor Law Firm, P.A.
    Moore Taylor Law Firm, P.A. | Jane Downey
    Yes the prior filing won't stop you from filing a new 13.
    Answer Applies to: South Carolina
    Replied: 6/23/2014
    Detroit Lawyers, PLLC
    Detroit Lawyers, PLLC | Nick Best
    As long as you otherwise qualify. You could also file for Chapter 7 based on those dates.
    Answer Applies to: Michigan
    Replied: 6/23/2014
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    It certainly sounds like you qualify. We cannot know for sure without checking the dates and disposition of the prior case, but the Bankruptcy Code specifies that the time between 13s to get a discharge is only 2 years. If you are talking about Chapter 7 to chapter 7, the timeframe is 8 years. 7 to 13 is 4 years and 13 to 7 is 6 years unless more than 70% of your debt was paid in the first, discharged case. In that case, no waiting period is necessary. It?s complicated. Consult with a lawyer and good luck.
    Answer Applies to: Wisconsin
    Replied: 6/23/2014
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    In NJ, yes you can do that, and still receive a discharge.
    Answer Applies to: New Jersey
    Replied: 6/23/2014
    Mauritz Van Niekerk, Attorneys at Law
    Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
    Yes you can in fact ch13 is every 4 years.
    Answer Applies to: New York
    Replied: 6/23/2014
    David Andersen & Associates PC | Jeremy Shephard
    Yes. A chapter 13 can be filed 2 years after filing of the first Chapter 13. You are well past that time limit.
    Answer Applies to: Michigan
    Replied: 6/23/2014
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