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What is the waiting period between bankruptcy filings(chapter 7)?

Stewartville, MN |

I filed Chapter 7 bankruptcy back in 1995 and received a full discharge. When would I be able to file again?

Attorney Answers 4


You can file Chapter 7 now. The waiting time between filing (assuming that you received your discharge) is 8 years.

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You may file now. The limitation on consecutive chapter sevens is eight years.

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Since the "Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)" passed between the time you last filed and today, it might be worth nothing that BAPCPA changed the waiting period from six to eight years. That being said, under the prior bankruptcy laws, you were eligible to file Chapter 7 again in 2001, since that was six years after your last filing. The time period is calculated from the date of filing, not the date of discharge. The passage BAPCPA didn't directly affect your ability to file, however, since even in 2005, more than eight years had passed since your previous filing.

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You have to wait 8 years after the filing of your prior chapter 7 in which you received a discharge before you can file another chapter 7 case. Clearly, that date has long passed. You are also eligible to file a chapter 13 case and receive what's called a super-discharge since more than 4 years have passed since the filing of your prior chapter 7.


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