How often can you file bankruptcy?

Long story short. I filed chapter 7 in 10/05 and I think it went through in 2/06. At that time I lost my job, sold everything I owed and cashed out my 401k and still had to. Now I am married and we are in a bad spot due to lack of decent paying jobs and student loans. I know they aren't dis chargeable unless doing a adversary proceeding. And we have several credit card and medical bills. Would we qualify for a bankruptcy? Either a 7 or 13?

Sacramento, CA -

Attorney Answers (5)

Brian Crozier Whitaker

Brian Crozier Whitaker

Bankruptcy Attorney - San Diego, CA
Answered

Yes, you would qualify now for a Ch13 AND you would be entitled to a discharge after you had paid what you can afford for 3 yrs (assuming your joint income is under the median for your family size).
If you can wait until October, you can file another Ch7. If you can't wait, file the Ch13 now and dismiss it and refile in October.

Michael J Corbin

Michael J Corbin

Family Law Attorney - Faribault, MN
Answered

A Chap. 7 can be filed every 8 years, so if you're correct on your filing date, then you cannot file a Chap. 7 until October. You can file a Chap. 13, but that's a debt repayment bankruptcy, which is wildly unpopular. You are correct that your SL's aren't dischargeable (unless you're totally unable to EVER pay a dime on them, which isn't the case).

We can be reached at 507.334.0155 (Toll Free: 888.777.5009). Our web address is: www. corbin-law-office.com.... more
Alan James Brinkmeier

Alan James Brinkmeier

Lawsuit / Dispute Attorney - Chicago, IL
Answered

After you receive a discharge in a previous Chapter 7 bankruptcy case, you must wait 8 years before you can receive another Chapter 7 discharge; and 6 years to receive a Chapter 13 discharge. If you received a discharge in a previous Chapter 13 bankruptcy case, you must wait 4 years before you can receive a Chapter 7 discharge; and 2 years to receive another Chapter 13 discharge.

Diane L Gruber

Diane L Gruber

Family Law Attorney - West Linn, OR
Answered

You can file a Ch.7 every 8 years, so you will need to wait until this November to file again. A Ch.13 requires "excess income" in order to fund the Plan. When you meet with a BK attorney he/she will review your information to determine if you qualify for a Ch.13. Good luck.

Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more
Dotty Elaine Lemieux

Dotty Elaine Lemieux

Election Campaign / Political Law Attorney - San Rafael, CA
Answered

Not an election campaign question. Post elsewhere.

This response is not to be construed as establishing an attorney-client relationship, and provides general... more

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