When can I file Chapter 7 again if I have filed on 2009 and can I include my income tax debt in it? 18 Answers as of February 19, 2015

I have filed Chapter 7 on October 2009. What are the benefits of Chapter 13?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Tokarska Law Center
Tokarska Law Center | Kathryn U. Tokarska
You can receive a chapter 7 discharge once every 8 years so you're looking at 2017 based on filing in 2009. Whether income taxes are dischargeable in BK depends on a number of facts since there are several rules regarding when income taxes can be discharged. The pros and cons of Chapter 13 is something that you would want to discuss in the context of your particular financial situation. Understanding your "current monthly income", household size, living expenses, types and amounts of debts is the key. Filing chapter 13 without assistance of counsel is not recommended since statistically speaking success rates for in pro per filers is less than 1%. You'll want to consult a local BK attorney to discuss your situation.
Answer Applies to: California
Replied: 2/19/2015
A Fresh Start
A Fresh Start | Dorothy G Bunce
Nothing prevents you from filing Chapter 7 again, but it won?t do you much good because you are not eligible to receive a discharge until 8 years after your previous Chapter 7 case was filed. It would have helped to answer your question regarding Chapter 13 if I knew something about your goals. If there is a wage garnishment against you, a Chapter 13 can allow you to pay just what the court decides you can afford so that the garnishment will end. If you need to prevent your car from being repoed, Chapter 13 can give you the time to catch up on making payments or even formulate a strategy to reduce your car payments.
Answer Applies to: Nevada
Replied: 2/19/2015
Freeman Law Group, LLC
Freeman Law Group, LLC | Derek Freeman
You can file a chapter 7 eight years after receiving a discharge in your previous chapter 7 case. However, you can file a chapter 13 any time. A chapter 13 will allow you to make interest-free payments for debts such as unpaid taxes. Further, some debts which are non-dischargeable in a chapter 7 can be discharged in a chapter 13. This may include unpaid taxes, depending on when you acquired the debt.
Answer Applies to: Colorado
Replied: 2/19/2015
John W. Lee, P.C.
John W. Lee, P.C. | John W. Lee
You must wait eight years between filing chapter 7 bankruptcies. In many cases a chapter 7 bankruptcy does not discharge tax debt. A chapter 13 bankruptcy may be able to place you on an interest and penalty free repayment plan with the IRS. You should meet with a local bankruptcy attorney to discuss the possibility of you filing a chapter 13 bankruptcy.
Answer Applies to: Virginia
Replied: 2/19/2015
The Law Offices of Ryan F. Beach, PLLC
The Law Offices of Ryan F. Beach, PLLC | Ryan Beach
You can file Chapter 7 once every eight (8) years. So, if you filed in October 2009, you may, if eligible, file Chapter 7 again in October 2017 (once eight years has passed). Chapter 13 is a great tool for managing and eliminating debts. Given the time that has passed since you filed your Chapter 7, you should be eligible for a discharge in the Chapter 13. In Chapter 13 you receive the benefit of the automatic stay, which prevents creditors from taking collection efforts, such as harassing letters and phone calls, garnishments, repossession and foreclosure. Typically, individuals pay a very small fraction of their unsecured debt back in Chapter 13, while the vast majority of the debt is discharged. To fully understand what Chapter 13 would or could do for you, you must consult with an experienced bankruptcy attorney. They will be able to tell you how your debts can be treated/resolved and what type of monthly payment/plan length you will have.
Answer Applies to: Michigan
Replied: 2/19/2015
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    You can file chapter 7 in 2017. Chapter 13 is a 3 to 5 year repayment plan of your debts.
    Answer Applies to: New York
    Replied: 2/19/2015
    Ronald K. Nims LLC | Ronald K. Nims
    You can file a second Chapter 7 eight years after the first Chapter 7. You can file a Chapter 13 four years after the Chapter 7. Since you filed your last one in October 2009 you can file another 7 in October 2017 or a Chapter 13 now. The primary benefit of a Chapter 13 is that you can receive a discharge which wouldn't be available in a Chapter 7 for 2 1/2 more years. In a 7, income taxes filed more than 3 years ago are discharged; newer income taxes are not affected. In a 13, all income taxes are discharged but it's required that you make payments on the taxes filed less than 3 years ago.
    Answer Applies to: Ohio
    Replied: 2/19/2015
    David Andersen & Associates PC | Jeremy Shephard
    If you are eligible, you can file a Chapter 7 every 8 years. Income taxes have to meet certain requirements to be discharged. A chapter 13 could be filed now, help with your income tax debt and other debts. The catch is that you have to pay something back to your creditors in a Chapter 13.
    Answer Applies to: Michigan
    Replied: 2/19/2015
    EDWARD P RUSSELL | EDWARD P RUSSELL
    You are eligible for a Ch 7 discharge if you file at least 8 years from the filing date of the 2009 petition, thus Oct. 2017. You would be eligible for a Ch 13 discharge by filing at least 4 years from the 2009 filing date. In a Ch 13 you make a payment plan lasting between 3 to 5 years. It works well for making up the arrearages on a home or car.
    Answer Applies to: Minnesota
    Replied: 2/19/2015
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    You need 8 years for a new 7, you can file ch13. I suggest you talk to experienced local counsel. Tax debt is tricky and there is not a one size fits all answer to your question. You may find one at nacba.org.
    Answer Applies to: California
    Replied: 2/18/2015
    Goldsmith & Guymon
    Goldsmith & Guymon | Marjorie Guymon
    You can file chapter 7 every 8 years, so you can file in 2017. You may file a 13 after two years. A 13 is a repayment plan of a portion if not all your debts. You may be able to repay otherwise nondischargeable debt through a 13.
    Answer Applies to: Nevada
    Replied: 2/18/2015
    GARCIA & GONZALES, P.C.
    GARCIA & GONZALES, P.C. | Richard N. Gonzales
    You can file eight years from the date of filing. A Chapter 13 might be best. Meet with an experienced attorney. Theses consultations take about an hour. I charge a nominal sum for these meetings (everyone, without exception, has been happy to pay the small fee to get a wealth of information). Good luck!
    Answer Applies to: Colorado
    Replied: 2/18/2015
    Garner Law Office
    Garner Law Office | Daniel Garner
    The waiting time between chapter 7 cases is 8 years from the previous filing date, so you are not eligible for another chapter 7 until October 2017 UNLESS you never got a discharge in the previous case. If you did not get a discharge previously, you could file chapter 7 again already, if your household income is below the median. In most cases, taxes are not dischargeable until more than 3 years have elapsed from the date you filed the tax return. A chapter 13 would commit you to a minimum 3 year monthly payment plan geared to what you could afford, and if you had priority (non-dischargeable) taxes you would have to pay them off during the plan. It could be up to 5 years in the plan if you needed that much time to pay priority debt, or if your household income is above the median. It may also be shorter if you are able to pay off all your debts in less than the maximum time. A chapter 13 gives you the benefit of the bankruptcy stay so your creditors can't hassle you, and it may provide a delayed discharge of your unsecured, non-priority debt if some is left over at the end of the required plan period.
    Answer Applies to: Oregon
    Replied: 2/18/2015
    Novakov & Associates, PLLC
    Novakov & Associates, PLLC | LINDA S. NOVAKOV
    Chapter 7 is available to consumers 8 years after the filing date. Chapter 13 is a wage earner's petition. If you have regular income, you may be eligible for a chapter 13. Consult competent counsel who can guide you. And no - your income tax debt is not dischargeable, unless it is very old. You can make arrangements with the IRS to enter into a payment plan.
    Answer Applies to: Kentucky
    Replied: 2/18/2015
    Deborah F Bowinski, Attorney & Counselor at Law | Debby Bowinski
    Eight years must pass from the filing date of one chapter 7 case to the filing date of a second chapter 7. Whether or not your income tax debt would be discharged in another bankruptcy is not a simple question. It depends upon what year or years the tax is from, and when the returns were filed. A chapter 13 case could be filed now, and it would allow you to discharge any dischargeable debts and allow you to prioritize your dollars so that you could pay off the non-dischargeable taxes without incurring further penalties. You should speak to an experienced chapter 13 bankruptcy lawyer to see whether it makes sense. It involves creating a chapter 13 plan with a monthly payment for a minimum of 36 months and a maximum of 60 months. It is NOT something to try to do on your own!
    Answer Applies to: Colorado
    Replied: 2/18/2015
    John W. Lee, PC
    John W. Lee, PC | Kim A. Lewis
    You cannot file another chapter 7 bankruptcy until October, 2017; however, you can file a chapter 13. A chapter 13 bankruptcy allows you to pay back your creditors, including tax debt, over a period of 3 to 5 years. The filing of the bankruptcy stops all collection activity and combined all of your debt into one payment per month.
    Answer Applies to: Virginia
    Replied: 2/18/2015
    Eranthe Law Firm
    Eranthe Law Firm | Cate Eranthe
    You must wait 8 years between filing chapter 7 cases. You could file a chapter 13 after 4 years. There are many differences between filing a chapter 7 and chapter 13 case and you should see a local knowledgeable bankruptcy attorney who can evaluate your specific situation.
    Answer Applies to: California
    Replied: 2/18/2015
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney