Can I file for Chapter 7 again

Asked almost 2 years ago - Pontiac, MI

I filed chapter 13 in 06/17/05 converted into a 7 then discharged in 01/25/08. My question is can I file for another chapter 7 today?

Attorney answers (7)

  1. Harry N. Konst

    Contributor Level 12

    6

    Lawyers agree

    1

    Answered . The Waiting Periods Are 2, 4, 6 and 8 Years

    If you previously filed a Ch 13 and your new case will be Ch 13, then the waiting period is two years. If your prior case was a Ch 7 bankruptcy case and your new case will be Ch 13, then the waiting period is four years. If your prior case was a Ch 13 bankruptcy case and your new case will be Ch 7, then the waiting period is six years. If your prior case was a Ch 7 bankruptcy and your new case will be Ch 7, then the waiting period is eight years.

    But if you are in foreclosure, even if you do not qualify to file based on the above, you can still file for Ch 13 if you have mortgage arrears. In this instance, you will not receive a Chapter 13 discharge, but you will be able to cure all of your mortgage arrears and stop foreclosure. Since the new bankruptcy laws made repeat filings somewhat complicated, meet with an experienced bankruptcy attorney who can give you the appropriate advice about filing a second bankruptcy.

  2. Francis N. Soave

    Contributor Level 10

    4

    Lawyers agree

    Answered . There may be alternatives to bankruptcy that will tide you over until you can file. Or they may substitute for filing. We practice in the Eastern District of Michigan, where a Pontiac case would be filed.

    This answer is not specific legal advise. No attorney client relationship has been established. It is general... more
  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    5

    Lawyers agree

    1

    Answered . Nope, you will have to wait 8 years from the time you filed your prior case to file another Chapter 13. Mark 6/18/03 on your calendar.

    Hope this perspective helps!

  4. Jeffrey Michael McCarthy

    Contributor Level 4

    5

    Lawyers agree

    Answered . No.

  5. Mark Andrew Carter

    Contributor Level 3

    4

    Lawyers agree

    Answered . Not at this time. You must wait at least 8 years from the original filing date to file another Chapter 7 Bankruptcy. If you cannot wait until June 2013 - you may want to consult an attorney and discuss the option of a new Chapter 13 Bankruptcy now.

  6. Hale Andrew Antico

    Contributor Level 11

    3

    Lawyers agree

    Answered . No. You need to wait 8 years between Chapter 7 bankruptcy discharges. Your previous case was filed on June 17, 2005. You are not eligible to file another Chapter 7 until eight years later. This means you must wait until June 17, 2013.

    You should find an attorney near you now, retain him or her, and let them start preparing things now so you're totally ready when the magic day comes.

  7. Kirsten Nicole Baxter

    Contributor Level 4

    2

    Lawyers agree

    Answered . This depends on what chapter you originally filed, and what chapter you plan to file. Here are the applicable times:

    8 years between Chapter 7s
    2 years between Chapter 13s
    4 years between a Chapter 7 and Chapter 13
    6 years between a Chapter 13 and Chapter 7 (with exceptions)

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