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What is the waiting period in between filing for bankruptcy in Oregon state, we filed 6 years ago

Seattle, WA |

My husband & I filed bankruptcy almost 6 years ago in Oregon. Due to my husband's medical problems & periods of unemployment, we are overwhelmed with debt again. Is it possible for us to file for bankruptcy again & so soon?

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Attorney answers 3

Posted

Generally, you must wait 8 years from the filing date of your prior Chapter 7 to file another Chapter 7, but you are not barred from filing under Chapter 13 now if you otherwise qualify.

Bankruptcy law permits you to file

a. Chapter 7 and receive a discharge if you have never filed before and otherwise qualify
b. Chapter 7 and receive a discharge if you HAVE filed a prior Chapter 7
and not received a discharge,
and have not filed a Chapter 13 and received a discharge in a case paying less than 70% within the last 4
years
IF it is 8 years and one day afte you filed your previous Chapter 7

Example: You filed a Chapter 7 on August 1, 2000. You received a discharge. You may file another Chapter 7 on August 2, 2008 if you otherwise qualify.

c. Chapter 13 since it has been 6 years since you filed your last Chapter 7 and received a discharge.

If you decide to file Chapter 13 now, and stay in the plan until 8 years has passed since you filed your Chapter 7, you may be able to dismiss your Chapter 13 once the 8 years have run, and file a Chapter 7.

This is a complicated area of law and requires analysis based on your individual situation. This answer is for general information only and does not create an attorney client relation. You should consult a local attorney for specific information about your situation.

Posted

You may receive only one Chapter 7 discharge every 8 years, measuring from the date your first case was filed until the date your new case is filed.

You may file a Chapter 13 at any time, and given the timeframe you indicate, should be able to discharge your debt in it.

Posted

You are eligible to file a chapter 13 at this time. I suggest you contact a bankruptcy atty who provides a free consultation to review your situation and advise you of what the monthly payment would be in a 13. You might find an attorney, given your situation, who will agree to have his fee paid as part of the chapter 13 plan which means you basically get your legal fees paid for free.

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