Skip to main content

I filed Chapter 7 banruptcy in March 2003. How soon can I file bankruptcy again whether it be Chapter 7 or 13?

Knoxville, IA |

In March 2003 my wife and I filed Chapter 7 Bankruptcy. We were doing very well at managing our debt until I sustained an injury that left me unable to work until cleared by doctors. Our debt quickly went out of control and we are 90 days + behind on everything and struggling to catch up on the important debts, i.e. auto loan, personal loan, etc. Creditors are calling us non-stop wanting us to setup payment plans that are just not feesible to my income. Can I file Chapter 13 now to get things back on track or should I file Chapter 13 again?

Attorney Answers 2

Posted

Measure from the date that the previous chapter 7 bankruptcy was filed, not discharged. If you desire a dischagre from a successive chapter 7 filing, you may not file for eight years after the previous filing date, under U.S. Bankruptcy Code section 727(a)(8).

However, you only need to wait four (4) years from the previous chapter 7 filing until you file a chapter 13, if you wish to receive a discharge in the 13 filing. This is found in section 1328(f)(1) of the U.S. Bankruptcy Code.

Bankruptcy requires review of your entire financial situation including all debts, income and assets. I highly recommend that you retain an experienced bankruptcy attorney in your jurisdiction to guide you through the complexities of bankruptcy law and procedure.

If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

http://bankruptcyattorneynh.com/Bankruptcy.asp

Mark as helpful

1 found this helpful

Posted

Generally, you can usually file the Chapter 13 at any point to set up a repayment plan, however, you have to have income coming in, and it has to cover secured debts (mortgage payments, car payments) as well as a portion of the unsecured debts.

You can file another Chapter 7 in eight years from the date you filed the original Chapter 7 (March 2011). Your best bet may be to do the Chapter 13 for a year, then when the statute of limitations has ran for your first Chapter 7, have the Chapter 13 dismissed and file a new Chapter 7. Do not, convert the 13 to a 7 as it will relate back to the date you filed the 13. Good luck.

Please click thumbs up if this was helpful.

Jason L. James
Attorney at Law
Select Legal, PC
35 East Gay Street, Suite 406
P> 614.223.1235
F> 614.223.1236
E> Jason@SelectLegal.com
www.SelectLegal.com



------------------------------------------------------------------------
-----------------------------------------------------
Disclaimer: This e-mail or other correspondence does NOT create an attorney client relationship. This e-mail or other correspondence represents a general overview of law developments and should not be relied upon without an independent, professional analysis of how any of these provisions may apply to a specific legal situation. Any information contained in this communication was not intended or written to be used, and cannot be used, by the recipient for the purpose of legal advice.
------------------------------------------------------------------------
-----------------------------------------------------

Mark as helpful

Bankruptcy and debt topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics