My 7 was discharged in 2004. I am looking to see if I can file a chapter 7 now or do I have to wait until October this year? 21 Answers as of August 02, 2013

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Joseph Lehn, Esq
Joseph Lehn, Esq | Lehn Law, PA
You can file another Chapter 7 petition 8 years from the filing date of the first case.
Answer Applies to: Florida
Replied: 8/2/2013
Colorado Legal Solutions
Colorado Legal Solutions | Stephen Harkess
You must wait until 8 years after the filing date of your last discharged Chapter 7 case. If you filed in 2004 you should be able to file again now if you qualify.
Answer Applies to: Colorado
Replied: 8/1/2013
Law Office of Susan G. Taylor
Law Office of Susan G. Taylor | Susan G. Taylor
You can file every 8 years, filing date to filing date.
Answer Applies to: Texas
Replied: 7/31/2013
Law Office of Thomas C. Phipps | Thomas C Phipps
You have to wait 8 years between chapter 7 filings.
Answer Applies to: Missouri
Replied: 7/31/2013
Portland Bankruptcy Law Group
Portland Bankruptcy Law Group | Christopher J. Kane
You have to wait 8 years from the filing date of your previous Chapter 7 case until you can file a new Chapter 7.
Answer Applies to: Oregon
Replied: 7/31/2013
    A Fresh Start
    A Fresh Start | Dorothy G Bunce
    If you filed Chapter 7 in 2004, you are eligible for another Chapter 7 now, as more than 8 years have elapsed. Many people filed Chapter 7 in October, 2005, just before the changes to bankruptcy law took place. If you actually filed in 2005, you will have to wait until after your anniversary date in October to file again.
    Answer Applies to: Nevada
    Replied: 7/31/2013
    Danville Law Group | Scott Jordan
    Why October? The rule is if you received a discharge in your 2004 filing, you must wait 8 years from the date you filed the prior bankruptcy. If you filed in 2004, you should be eligible now.
    Answer Applies to: California
    Replied: 7/31/2013
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It is 8 years from the original filing date.
    Answer Applies to: California
    Replied: 7/31/2013
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    It's eight years from the previous date of filing. If you were discharged in 2004, you should be able to file without a problem.
    Answer Applies to: California
    Replied: 7/31/2013
    Marc S. Stern
    Marc S. Stern | Marc S. Stern
    It is date of filing to date of filing.
    Answer Applies to: Washington
    Replied: 7/31/2013
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    You will be fine to file another chapter 7 case as long as eight years have passed since the filing date of your previous case.
    Answer Applies to: Colorado
    Replied: 7/31/2013
    Pfeuffer Law Office
    Pfeuffer Law Office | Joseph Pfeuffer
    You can not file again for the 8 years following the previous filing. If that was 2004, you can file again in 2013.
    Answer Applies to: Connecticut
    Replied: 7/31/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can file 8 years after you first filed.
    Answer Applies to: New York
    Replied: 7/31/2013
    Moffa & Bonacquisti, P.A.
    Moffa & Bonacquisti, P.A. | John A. Moffa
    You can file after 8 years from the date you filed before (the discharge date is not relevant) if you filed Chapter 7 and want to file again.
    Answer Applies to: Florida
    Replied: 7/31/2013
    Stuart P Gelberg
    Stuart P Gelberg | Stuart P Gelberg
    You need to wait 8 years from filing date (not discharge) to filing date. You should be able to file now.
    Answer Applies to: New York
    Replied: 7/31/2013
    Stittleburg Law Office
    Stittleburg Law Office | Bernd Stittleburg
    You must wait 8 years from the date you filed the previous case. If it has been 8 years, then you can file again.
    Answer Applies to: Georgia
    Replied: 7/31/2013
    The Law Offices of Deborah Ann Stencel | Deborah A. Stencel
    Verify the date you filed your previous case. You must wait 8 years from that date to refile. Therefore, if your previous case was filed in 2004, you were eligible to re-file 8 years later sometime in 2012.
    Answer Applies to: Wisconsin
    Replied: 7/31/2013
    Law Office of Stuart M. Nachbar, P.C.
    Law Office of Stuart M. Nachbar, P.C. | Stuart M. Nachbar
    You can file again for a chapter 7 eight years after the filing date of your petition.
    Answer Applies to: New Jersey
    Replied: 7/31/2013
    Porter Law Network | Karen Porter
    The required time period for another chapter 7 is eight years after the last chapter 7 case was filed. If your last chapter 7 case was filed in 2004, you became eligible to file another case in 2012. This is 2013, so you should be able to file another chapter 7 case. I hope things work out well for you.
    Answer Applies to: Illinois
    Replied: 7/31/2013
    Law Office of Michael Johnson
    Law Office of Michael Johnson | Michael Johnson
    If it was discharged in 2004 then you can file now as it has been 8 years.
    Answer Applies to: Florida
    Replied: 7/31/2013
    Law Office of J. Thomas Black, P.C.
    Law Office of J. Thomas Black, P.C. | J. Thomas Black
    Yes, so long as the new case is filed more than 8 years after the filing date of the first case, you should be eligible to receive a discharge in a second chapter 7 case.
    Answer Applies to: Texas
    Replied: 7/31/2013
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