I filed for Chapter 7 bankruptcy 2 years ago. Now I'm having debt problems. Can I file again?

I filed for Chapter 7 bankruptcy 2 years ago. Now I'm having debt problems. Can I file again?

 

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.

Contact A Lawyer
Be the first to review.
Please Log in to answer questions.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

Related Links

SF4:0.7.5.100311.8484-