If my last filing for a chapter 7 was on June 28, 2010, am I able to file again or would I need to file a chapter 13? 16 Answers as of July 27, 2015

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Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
You will have to file a chapter 13 case. You are not eligible for another chapter 7 discharge until 8 years have passed since your filing date.
Answer Applies to: Colorado
Replied: 7/27/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
You have to wait 8 years from having filed a previous chapter 7 to file another if you want to get a discharge of your debts in bankruptcy. The exception would be if your previous chapter 7 did not result in a discharge.
Answer Applies to: Nevada
Replied: 7/27/2015
The Law Office of Darren Aronow, PC
The Law Office of Darren Aronow, PC | Darren Aronow
If you received your discharge in 2010 then you can not file another chapter 7 until 2018 but you can file a chapter 13.
Answer Applies to: New York
Replied: 7/27/2015
Mauritz Van Niekerk, Attorneys at Law
Mauritz Van Niekerk, Attorneys at Law | Christiaan van Niekerk
In NY it is every eight years from filing.
Answer Applies to: New York
Replied: 7/27/2015
Ronald K. Nims LLC | Ronald K. Nims
Yes, you can file a Chapter 13 and receive a discharge. The filing-to-filing waiting period after a 7 to file a 13 is four years.
Answer Applies to: Ohio
Replied: 7/27/2015
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    The law says 8 years between chapter 7s and 4 years between an old chapter 7 and a new chapter 13.
    Answer Applies to: California
    Replied: 7/27/2015
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    Eight years between Chapter 7s. You're looking at Chapter 13, at least for the time being.
    Answer Applies to: California
    Replied: 7/27/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    If you got a discharge in your chapter 7, you have to wait 8 years, so chapter 13 is your only bankruptcy option.
    Answer Applies to: Oregon
    Replied: 7/27/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    You would qualify for a discharge in a chapter 13 but you cannot file another chapter 7 until 2018.
    Answer Applies to: Virginia
    Replied: 7/27/2015
    Stephens Gourley & Bywater | David A. Stephens
    If you got a discharge you would have to file chapter 13. If you did not get a discharge you can file chapter 7.
    Answer Applies to: Nevada
    Replied: 7/27/2015
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    Based on the date you provided as the date the prior Chapter 7 was actually filed, in order to obtain a discharge, you cannot file a Chapter 7 until 2018, but you can file and obtain a discharge under a Chapter 13 since it has been more than 4 years since the filing of the prior Chapter 7.
    Answer Applies to: California
    Replied: 7/27/2015
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