I Filed for Chapter 7 Bankruptcy Before Can I File Bankruptcy Again?
If you obtained a previous Chapter 7 bankruptcy discharge then you need to wait 8 years from the date you filed your previous Chapter 7 bankruptcy to file another Chapter 7 bankruptcy. You The date is counted from the time you filed your previous Chapter 7 Bankruptcy and not from the date of discharge. If you filed the past Chapter 7 bankruptcy in July 2005, then by July 2013, 8 years have passed and you can file for Chapter 7 bankruptcy protection again.
If you are looking to file for Chapter 13 bankruptcy protection then you do not have to wait 8 years to file. In order to get a full discharge in a Chapter 13 bankruptcy you must wait 4 years from the date you filed for Chapter 7 bankruptcy. If you file Chapter 13 bankruptcy within 4 years of your Chapter 7 bankruptcy then your unsecured debts will not be discharged. You unsecured debts include debts from credit cards, medical bills, personal loans, and repossessions.
I Filed for Chapter 13 Bankruptcy Before Can I FIle Bankruptcy Again?
If you filed for Chapter 13 bankruptcy protection and obtained a discharge and you need to file a Chapter 7 bankruptcy, then you need to wait at least 6 years from the date of filing. If you paid your unsecured creditors at least 70% in your previous Chapter 13 bankruptcy, then you can file within 6 years and obtain a full discharge. If you file Chapter 7 bankruptcy within 6 years of your Chapter 13 bankruptcy and you did not pay your unsecured creditors at least 70% then you will not discharge your unsecured debts.
If you would like to file another Chapter 13 bankruptcy then you need to wait at least 2 years from to obtain a full discharge. If you file before the 2 year period, then you will not obtain a discharge of your unsecured debts.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
What determines Avvo Rating?
Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.