What time frame do I have to refile for bankruptcy? 28 Answers as of July 02, 2013

Is the time frame to file bankruptcy again 8 years from filing date or from discharge date? We filed 4/14/04 and it was discharged 8/16/04

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
It's from the Discharge Date. Contact a local attorney for specifics.
Answer Applies to: Washington
Replied: 4/2/2012
The Law Office of Marvin Wolf
The Law Office of Marvin Wolf | Marvin Wolf
For Chapter 7 cases, time is computed from filing date to filing date.
Answer Applies to: New Jersey
Replied: 3/30/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
It is 8 years from the prior filing date. So based on what you told me, you can file after April 14, 2012.
Answer Applies to: California
Replied: 3/30/2012
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
The 8 year clock starts ticking from the first filing date, not the discharge date.
Answer Applies to: Virginia
Replied: 3/29/2012
Law Office of Asaph Abrams
Law Office of Asaph Abrams | Asaph Abrams
Assuming you are referring to filing a chapter 7 after having filed a prior chapter 7 that ended in discharge, then the relevant time-period to pass is 8 years from filing date to filing date. So you don't trip up on the dates, see 11 USC 727(a)(8) and consult an attorney. On time restrictions relating to both chapter 7 and chapter 13 Google my name + repeat filing. 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: 3/28/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    For a chapter 7 it is 8 years from the date of filing. So, you have to wait 8 years to file from the previous filing date, not the discharge date.
    Answer Applies to: California
    Replied: 3/27/2012
    Robert Peters, P.A.
    Robert Peters, P.A. | Robert L. Peters
    The time frame is 8 years from the date of filing on a Chapter 7 Bankruptcy.
    Answer Applies to: Florida
    Replied: 3/27/2012
    Clayton Law Offices | Rose Clayton
    There has to be 8 years from the time of your last filing. The discharge date is irrelevant for determining when to refile. So, after April 14 of 2012, you could file a chapter 7.
    Answer Applies to: Massachusetts
    Replied: 3/27/2012
    The Smalley Law Firm, LLC | Cary Smalley
    8 years from the filing date.
    Answer Applies to: Kansas
    Replied: 3/27/2012
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