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File chapter 7 bankruptcy again. Eligible 8 years after I last filed or after the discharge?

Riverside, CA |

I know...don't ask. Anyway, may need to file again. Please explain the 8 year requirement for filing a 7 again.

Attorney Answers 4


  1. Best answer

    It is eight years from the time of filing the prior case to the time of filing the present case. Not from the time of discharge. Hope that helps.

    This answer in no way creates an attorney-client relationship. The answer is not a complete answer and requires additional facts in order to provide the best options. The submitter accepts the risk of relying on such an incomplete answer and waives any claims of damages for doing so. As stated in the answer the submitter should contact a qualified bankruptcy attorney is discuss these issues further before any action is taken. Any action taken without advise and counsel of a qualified attorney is inadvisable.


  2. You can file a chapter 7 every 8 years.


  3. 8 years from the previous filing. Although a chapter 13 is possible after 4 years - and may provide options unavailable in a chapter 7 (i.e. lien stripping).


  4. You can file again eight full years from the date of the previous filing.