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Can I file for Chapter 7 again

Pontiac, MI |

I filed chapter 13 in 06/17/05 converted into a 7 then discharged in 01/25/08. My question is can I file for another chapter 7 today?

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Attorney answers 7

Posted

Nope, you will have to wait 8 years from the time you filed your prior case to file another Chapter 13. Mark 6/18/03 on your calendar.

Hope this perspective helps!

Asker

Posted

Thank you

Dorothy G Bunce

Dorothy G Bunce

Posted

Oops - I meant to say Chapter 7 - you could file a Chapter 13 anytime.

Posted

No.

Manuel Alzamora Juarez

Manuel Alzamora Juarez

Posted

For a Chapter 7, you have to wait 8 years.

Posted

The Waiting Periods Are 2, 4, 6 and 8 Years

If you previously filed a Ch 13 and your new case will be Ch 13, then the waiting period is two years. If your prior case was a Ch 7 bankruptcy case and your new case will be Ch 13, then the waiting period is four years. If your prior case was a Ch 13 bankruptcy case and your new case will be Ch 7, then the waiting period is six years. If your prior case was a Ch 7 bankruptcy and your new case will be Ch 7, then the waiting period is eight years.

But if you are in foreclosure, even if you do not qualify to file based on the above, you can still file for Ch 13 if you have mortgage arrears. In this instance, you will not receive a Chapter 13 discharge, but you will be able to cure all of your mortgage arrears and stop foreclosure. Since the new bankruptcy laws made repeat filings somewhat complicated, meet with an experienced bankruptcy attorney who can give you the appropriate advice about filing a second bankruptcy.

Jeffrey B. Lampert

Jeffrey B. Lampert

Posted

Or, 7 after 7 8 years 7 after 13 6 years 13 after 7 4 years 13 after 13 2 years By your getting discharge in January, 2008, I figure you converted to your Chapter 7 in late 2007, so I would figure late 2015 before you could file a 7 and 2013 before you can file a 13. As Mr. Konst points out, you CAN file a 13 now if you intend to bring mortgage arrears current within the maximum 60 month term for a Chapter 13 plan. However, if you discharged your mortgage debts in the Chapter 7, you can not do a "strip off" or a "strip down" on any of the mortgages which were discharged--at least not in my jursidction.

Posted

Not at this time. You must wait at least 8 years from the original filing date to file another Chapter 7 Bankruptcy. If you cannot wait until June 2013 - you may want to consult an attorney and discuss the option of a new Chapter 13 Bankruptcy now.

Posted

There may be alternatives to bankruptcy that will tide you over until you can file. Or they may substitute for filing. We practice in the Eastern District of Michigan, where a Pontiac case would be filed.

This answer is not specific legal advise. No attorney client relationship has been established. It is general commentary on the question presented, without the benefit of a full disclosure of all relevant facts. Seek an in-person consultation with a licensed professional.

Posted

No. You need to wait 8 years between Chapter 7 bankruptcy discharges. Your previous case was filed on June 17, 2005. You are not eligible to file another Chapter 7 until eight years later. This means you must wait until June 17, 2013.

You should find an attorney near you now, retain him or her, and let them start preparing things now so you're totally ready when the magic day comes.

Posted

This depends on what chapter you originally filed, and what chapter you plan to file. Here are the applicable times:

8 years between Chapter 7s
2 years between Chapter 13s
4 years between a Chapter 7 and Chapter 13
6 years between a Chapter 13 and Chapter 7 (with exceptions)