When can I declare bankruptcy again after filing eight years ago? 39 Answers as of July 02, 2013

I filed bankruptcy in 2004. How many years do I have to wait to file again or for a debt repayment?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
Depends on the Chapter and the time accrues from the discharge date.
Answer Applies to: Washington
Replied: 7/2/2013
Mazyar Hedayat and Associates
Mazyar Hedayat and Associates | Mazyar Malek Hedayat
According to the Bankruptcy Abuse Prevention and Consumer Prevention Act, the amount of time that must pass between a past and future discharge is as follows: 727(a)(8) 8 Yrs. between two Chapter 7 Discharges 727(a)(9) 6 Yrs. between Chap 13 and 7 Discharges 1328(f)(2) 2 Yrs. between two Chapter 13 Discharges 1328(f)(1) 4 Yrs. between Chapter 7 and 13 Discharges The relevant measurement is from the first discharge date to the second filing date. I hope this information has been helpful.
Answer Applies to: Illinois
Replied: 12/23/2011
Indianapolis Bankruptcy Law Office of Eric C. Lewis
Indianapolis Bankruptcy Law Office of Eric C. Lewis | Eric Lewis
You can file for Chapter 7 bankruptcy relief every 8 years (from date of filing to date of filing). You can file for Chapter 13 in the meantime if immediate relief is needed.
Answer Applies to: Indiana
Replied: 12/14/2011
Theodore N. Stapleton, PC
Theodore N. Stapleton, PC | Theodore N. Stapleton
One day after the 8th anniversary of the discharge date in 2004.
Answer Applies to: Georgia
Replied: 12/14/2011
Lakelaw - Loop Bankruptcy
Lakelaw - Loop Bankruptcy | David Leibowitz
8 years after date of last petition
Answer Applies to: Illinois
Replied: 12/14/2011
    Jakob-Barnes Law Firm, LLC
    Jakob-Barnes Law Firm, LLC | Jennifer Jakob-Barnes
    You have to wait 8 years between filing Chapter 7 bankruptcies. If you previously filed a Chapter 7 bankruptcy and now want to file a Chapter 13, you have to wait 4 years to receive a discharge in the Chapter 13.
    Answer Applies to: Georgia
    Replied: 12/13/2011
    Sanders Law, P.A. | Andre Keith Sanders
    It depends on the chapter you filed. Chapter 7 must be at least 8 years between the filing dates.
    Answer Applies to: Florida
    Replied: 12/13/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    For filing another Chapter 7, its eight years from the date of filing (and NOT the date of discharge).
    Answer Applies to: California
    Replied: 12/13/2011
    Moore Taylor & Thomas PA
    Moore Taylor & Thomas PA | Jane Downey
    Depends on the chapters, 7, 11 or 13.
    Answer Applies to: South Carolina
    Replied: 12/13/2011
    Gregory J. Wald, Attorney at Law
    Gregory J. Wald, Attorney at Law | Gregory J. Wald
    It depends on whether you filed a chapter 7 or a chapter 13 last time and what type of bankruptcy you want to file this time. However, the waiting period between two chapter 7 cases is 8 years, measured from filing date to filing date.
    Answer Applies to: Minnesota
    Replied: 12/13/2011
    Law Office of Robert Sisson | Robert Sisson
    Once it has been a full eight years since your last filing, you should be all set to go.
    Answer Applies to: Wisconsin
    Replied: 12/13/2011
    Law Offices of James Wingfield
    Law Offices of James Wingfield | James Wingfield
    If the case you filed was under Chapter 7, and you received a discharge, then you will need to wait until at least the same date in 2012 that you filed your previous case if you hope to obtain another discharge.
    Answer Applies to: Massachusetts
    Replied: 12/13/2011
    Weber Law Firm, P.C.
    Weber Law Firm, P.C. | William Weber
    You must wait 8 years from the date the prior bankruptcy petition was filed to re-file another Ch. 7 case.
    Answer Applies to: Texas
    Replied: 12/13/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    8 years from the date you filed in 2004 assuming that was a Chapter 7 case you last filed and in which you were granted a discharge. Therefore, sometime in 2012 you will be able to file another Chapter 7 case.
    Answer Applies to: California
    Replied: 12/13/2011
    Heupel Law
    Heupel Law | Kevin Heupel
    You can file chapter 13 six years after a chapter 7 and you can file for Chapter 7 bankruptcy again 8 years after your previous chapter 7.
    Answer Applies to: Colorado
    Replied: 12/13/2011
    Raxter Law
    Raxter Law | Jeremiah Raxter
    You can file for bankruptcy protection once every eight years.
    Answer Applies to: California
    Replied: 12/13/2011
    Guardian Law Group PLLC
    Guardian Law Group PLLC | C. David Hester
    You can declare again after 8 years.
    Answer Applies to: Utah
    Replied: 12/13/2011
    Law Office of Xochitl Anita Quezada
    Law Office of Xochitl Anita Quezada | Xochitl Anita Quezada
    Eight years from the date of filing.
    Answer Applies to: California
    Replied: 12/13/2011
    Cohen & Kendziorra, P.A.
    Cohen & Kendziorra, P.A. | Robert S. Cohen
    It is 8 years from your previous bankruptcy filing date.
    Answer Applies to: Florida
    Replied: 12/13/2011
    Clayton Law Offices | Rose Clayton
    You can file a chapter 7 bankruptcy every eight years. So, look to see what month you filed in 2004, and you will be eligible to file a chapter 7 again in that month of 2012. You can file a chapter 13 (which is a 3 to 5 year repayment plan) and only pay back a percentage of your debt, four years after a chapter 7.
    Answer Applies to: Massachusetts
    Replied: 12/13/2011
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