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If I filed for bankruptcy October 2005 when can I file again?

Berkeley, CA |

I filed chapter 7 in October 2005 and wanted to know can I file again since it has been six years?

Attorney Answers 4

Posted

Here is a quick overview of when you can file again:

Chapter 7
- If you filed and received a discharge in a prior chapter 7 case, you have to wait 8 years after the filing of the prior chapter 7 before you can file another chapter 7 case.
- If you filed and received a discharge from the bankruptcy court in a prior chapter 13 case, then the time limit depends on what percentage of your unsecured debt you repaid in your prior chapter 13. If you paid back more than 70% of your unsecured creditors (and that was your best efforts) in the chapter 13, you can immediately file a chapter 7 case without any waiting period. If your chapter 13 case paid less than 70% to the unsecured creditors, you have to wait 6 years after the filing of the prior chapter 13 before you can file a chapter 7.

Chapter 13
- If you filed and received a discharge in a prior chapter 7 case, you are eligible to file a chapter 13 case. There is no waiting period. However, if you file the chapter 13 case within 4 years of the date you filed the prior chapter 7, you will not receive a discharge in the chapter 13. Thus, you could use the chapter 13 to catch up on mortgage arrears and save your house, but the chapter 13 won't ultimately discharge any debt obligation, including credit cards.

For specific questions about your case, please contact a local bankruptcy attorney. Good luck!

This answer does not create an attorney-client relationship, and is meant for informational purposes only.

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Posted

The time period for another Chapter 7 is eight years from the filing of the previous Chapter 7. You can file a Chapter 13 reorganization and would be eligible for a discharge by paying perhaps a percentage of your debt. You should speak with a consumer bankruptcy attorney in your area to discuss your options. Hope this helps.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Illinois. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.

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Posted

If you want to file Chapter 13, you can do so right now. If you received a discharge & successfully completed your 2005 Chapter 7 case, you must wait 8 years from the time your 2005 case was filed to file a new Chapter 7. The law changed in 2005 requiring an 8 year wait rather than a 6 year wait. Thank you, Congress!

Hope this perspective helps!

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Posted

If you filed a Chapter 7 bankruptcy in October 2005 and received your discharge, you will be eligible to file another Chapter 7 in October 2013. You would be eligible to file a Chapter 13 bankruptcy now.

You should speak to an attorney in your area regarding your specific legal needs and options.

This answer is for general public information only. By answering this question, an attorney client relationship is not formed. All individuals seeking specific legal information and advice should seek the counsel of an attorney in their area. If you cannot find an attorney, you should call the local bar association for a referral.

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