I filed for Chapter 7 bankruptcy 2 years ago. Now I'm having debt problems. Can I file again?
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I filed for Chapter 7 bankruptcy 2 years ago. Now I'm having debt problems. Can I file again?
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Answers (1)
While you can file for bankruptcy as often as you like, if you received a discharge in your previous Chapter 7 bankruptcy, you cannot receive another discharge for eight years after the previous discharge. This means you cannot file for another Chapter 7 bankruptcy until 8 years from the previous filing date of the Chapter 7 bankruptcy (not the date of discharge).
A discharge is when your debts have been legally forgiven or canceled. In your case, if you filed your previous Chapter 7 bankruptcy 2 years ago, you must wait another 6 years to receive another Chapter 7 bankruptcy discharge. So right now, filing for Chapter 7 bankruptcy is not available to you. However, you may want to consider filing for a Chapter 13 bankruptcy (if feasible) since the waiting period for that is 4 years from the previous filing date of the Chapter 7 bankruptcy. In this case, you may be able to file for Chapter 13 in 2 more years.
Consult a bankruptcy attorney for a free case review to see what options are available to you.
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Posted by Cynthia Padilla on 21 Jan 2010
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