When can I file bankruptcy again if I previously filed in March of 2003? 19 Answers as of January 14, 2011

I went to court in March of 2003 and was discharged in April of 2003. I need to file chapter 7 again. When can I start the process? When can I get legal help to get the collectors to stop calling?

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Law Office of Aaron Nielson
Law Office of Aaron Nielson | Aaron Nielson
The most common answer is 8 years from the previous filing but there are exceptions. Call an attorney so they can review your complete status. There may be other options that can help besides bankruptcy.
Answer Applies to: Washington
Replied: 1/14/2011
Stuart Jon Bierman  Attorney at Law
Stuart Jon Bierman Attorney at Law | Stuart Jon Bierman
Usually, a person can only file for Chapter 7 once every eight years. You might qualify for Chapter 13 and that would stop the phone calls and there may not be an 8 year waiting period. A lawyer can also advise you about how you can write certified letters to creditors and demand under federal laws regarding fair collection practices and activities that your creditors stop calling you.
Answer Applies to: New Jersey
Replied: 1/13/2011
Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Scott W. Dicus
Under 11 U.S.C. 727(a)(8), A debtor cannot receiving a discharge under Chapter 7 if he or she received a discharge in a Chapter 7 or Chapter 11 bankruptcy which was filed within 8 years before the present case is filed.
Answer Applies to: California
Replied: 1/13/2011
Mankus & Marchan, LTD
Mankus & Marchan, LTD | Tony Mankus
You normally need to wait 8 years after the date of the filing of the previous Chapter 7 petition.
Answer Applies to: Illinois
Replied: 1/12/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
A person can file a chapter 7 bankruptcy again after 8 years have passed. Since the 8 year requirement will arrive in a few months, please feel free to contact me for a free consultation.
Answer Applies to: California
Replied: 1/11/2011
    Law Offices of Steven A. Wolvek
    Law Offices of Steven A. Wolvek | Steven A. Wolvek
    You can file and get a discharge (eliminate your unsecured debt) once every 8 years. You can file now because your discharge would be after April 2011.
    Answer Applies to: California
    Replied: 1/10/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    It is 8 years from the date of the filing of the last case. Contact NACBA.ORG for the name of a good lawyer near you.
    Answer Applies to: California
    Replied: 1/10/2011
    Judith A. Runyon, Esq. Attorney at Law
    Judith A. Runyon, Esq. Attorney at Law | Judith A. Runyon
    You can file another chapter 7 bankruptcy, eight years from the date you filed your last chapter 7 bankruptcy.
    Answer Applies to: California
    Replied: 1/10/2011
    Law Offices of Lady Justice
    Law Offices of Lady Justice | Mona Patel
    You can't file another bankruptcy for 8 years from the date of your last bankruptcy discharge. If you were discharged in April of 2003, you can not file again until April or May of 2011.
    Answer Applies to: California
    Replied: 1/10/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    You can start the process immediately with my office and get you some instant relief from your creditors. We won't file your case until the 8 years from the filing of your last successful Ch 7. Meaning: if you filed March 2003. We will file March 2011. Exactly 8 years later and right around the corner.
    Answer Applies to: California
    Replied: 1/10/2011
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    You should start the process now but you will not be able to file until 8 years from the date you filed in 2003. If you went to the meeting of creditors in March 2003 then you probably filed in February or early March 2003. It is the filing date that controls, not the date you went to the meeting of creditors or the date of the discharge.
    Answer Applies to: California
    Replied: 1/10/2011
    Gus Johnson Attorney at Law
    Gus Johnson Attorney at Law | Gus Johnson
    Eight years from date of filing. I guess you can start the process of preparing the filing whenever you want, but cannot relief from collectors until you file.
    Answer Applies to: South Dakota
    Replied: 1/10/2011
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