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How long after I filed Chapter 7 can I file another Chapter 7 Bankruptcy

Royal Oak, MI |

If I filed Chapter 7 Bankruptcy in Sept of 2001 and it was discharged in April of 2002 when could I file Chapter 7 again?

Attorney Answers 4


  1. 8 years.


  2. Attorney Hankins' answer is absolutely right. In 2005 Congress tinkered with the successive bankruptcy filing time lapses, and from the filing of one Chapter 7 to the filing of another, 8 years must go by. Now, that 8 years is measured from the date of filing, and NOT the date of discharge. For example, if your previous Chapter 7 was FILED on January 1, 2002, and you got the discharge, say April 20, 2002, under the law you may file again on January 1 2010, without having to wait until April 20, 2002. To be safe, I wait until a day after, or January 2, 2010 in the above example, but we lawyers are generally a cautious group and thats what I do. (You say no you couldn't file it New Year's Day anyhow? Yes, you could. Filings are all electronic now, we do them from our computers in our offices through an Electronic Case Filing system. I actually did have an emergency on New Years Day a couple of years ago, although I hope that never happens again!)


  3. Attorney Hankins' answer is absolutely right. In 2005 Congress tinkered with the successive bankruptcy filing time lapses, and from the filing of one Chapter 7 to the filing of another, 8 years must go by. Now, that 8 years is measured from the date of filing, and NOT the date of discharge. For example, you indicate that your previous Chapter 7 was FILED in September 2001, and you got the discharge in April of 2002. Under the law you may file 8 years after the filing date, in September, of the previous case. To be safe, I wait until a day after the actual aniversary date. But, we lawyers are generally a cautious group and thats what I do. If you filed it September 15, 2001, if you qualified otherwise and I felt that you had good faith grounds for the case, I would file your petition on or after September 16, 2009.

    [This is not a solicitation, I am not licensed in MI and could not file this gentleman's petition if I wanted to. However, the federal law is the federal law.]


  4. No one can really give you good advise without knowing in detail your finances. Gather together all your bills, your income for the last 6 months and your monthly expenses. Your bankruptcy attorney will need to see these.
    Having said that you should have to wait 8 years from the last FILING DATE of your previous bankruptcy. The old time period prior to 2005 was 7 years before you could file again, but that was expanded to 8 years after the Bankruptcy Abuse and Consumer Protection Act of 2005 was passed.

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