Currently in a bad financial situation with loss of income. This is why I am trying to find out when. How much would cost to file for bankruptcy chapter 7.
If you received a discharge then you will not be able to file another Chapter 7 for 8 years. So if you filed March 29, 2009 you would not be eligible to file Chapter 7 and receive a discharge until March 31, 2017.
Nels Hansen is a bankruptcy lawyer in Austin Texas and accepts clients in Austin, Georgetown and Pflugerville. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code and have done so proudly since 1996. The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship.
As noted previously, there is an 8 year wait period between chapter 7 filings. The dates run from filing date to filing date. Since you filed in March 2009, the earliest you could file again is March 2017. However, currently you do have the option of filing a chapter 13. A chapter 13 allows you to payback some (or potentially all) of your creditors over a 3-5 year period. Then after your payment plan is complete the rest if your debt is discharged. The payments are based on your income and what the court thinks you can afford.
Make an appointment with a bankruptcy attorney to discuss your situations and what options you have.
If a debtor filed a prior bankruptcy and received a discharge in that bankruptcy case, then the limitation on filing is from filing date. A debtor can file a new case any time, but he/she cannot receive discharge unless the time period between filings complies with the bankruptcy code. The rule on when a new case can be filed is as simple as 2, 4, 6, 8.
2 years: ch 13 to ch 13
4 years: ch 7 to ch 13
6 years: ch 13 to ch 7
8 years: ch 7 to ch 7
Thus, even though you cannot file a chapter 7 until March, 2017, you can file a chapter 13 and receive a discharge. If you own no nonexempt assets and your income and expenses establish that your disposable income is low enough, then you may be able to propose a plan that pays a very small percentage to unsecured claims or possibly propose to pay $0.00 to unsecured claims.
You should meet with an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases. You may discover that a chapter 13 would be your best option even if you could file a chapter 7 and receive a discharge. Most bankruptcy attorneys will meet with you at no charge for the initial appointment. You can use the Avvo "Find a Lawyer" link at the top of this page to search for an attorney.
Answers and comments provided are for general discussion only. My comments are not to be considered legal advice and they do not create an attorney-client relationship.
It has to be 8 years from the date that you filed your last chapter 7 to when you can file a new one. You would qualify for a Chapter 13, but you need to have a sit down appointment with experienced bankruptcy counsel in your area to determine whether that is feasible for you.
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