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In Michigan, when can I file a second Chapter 7 bankruptcy case?

I previously filed a case in December, 2003, and it was discharged in April, 2004.

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Attorney answers (3)

Reputation Level 12
You are not eligible for a dicharge under Chapter 7 until December 2011,which is eight years after your previous Chapter 7 was filed.

If you need relief from creditors, you should consider filing under Chapter 13.

I hope this information was helpful.

*I am not licensed to practice law in MI. My response to your post was not legal advice, but was for informational purposes only.

Van Wieren Law Firm, LLC
www.vanwierenlaw.com

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Reputation Level 15
You can file a chapter 13 now if you can manage to make some payment on your debt. After the 8 year anniversary of your previous chapter 7, you could dismiss the chapter 13 and file a new chapter 7.

Reputation Level 9
Under the new law you can file eight years after the date of filing your prior Chapter 7. Depending upon your financial circumstances you may wish to file a Chapter 13. However, there may be other factors which may impact your decision, for instance, if you paid back a loan to a relative, you would have to wait one year from date of payment to file or the payment may be considered preferential. I would look for an attorney who provides free consultations and meet with her/him to discuss your personal situation. There may be some pre-filing planing that could be done if you waited to refile till 2011 or there may be benefits to filing a 13 now.

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