Do I have to wait 8 years to file . Chapter 7?

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My bankrupcy was discharged 6/16/2011. Im in debt again

4 Attorney Answers

Best Answer
In order to get a discharge in a new chapter 7 case, you count 8 years from the filing date of the previous case.If you filed in 2011 it will be sometime in 2019. Check your filing date to be exact. You may be able to file a chapter 13 now. Talk with a bankruptcy lawyer in your area to see what your options are. Hope it works out. Good luck!
Best Answer
It keys off the date of filing, not the date of the discharge. The rule for Chapter 7 to another Chapter 7 is eight years from the date of filing. Assuming you filed about March of 2011, you should be good to go in March of 2019. BUT you would be eligible to file a Chapter 13.
Best Answer
Bankruptcy law doesn't provide any exceptions - if you filed an Chapter 7 & received a discharge, you must wait 8 years from the date the first case was filed to obtain a discharge in another chapter 7 case. Do you need bankruptcy protection now because of a wage garnishment or because property is being seized? You are eligible to get protection from creditors through Chapter 13, but it will cost you a pretty penny, and you will need to make payments for up to 5 years. A better alternative might be to talk to a bankruptcy lawyer about settling your debts. Hope this perspective helps!
Best Answer
This is an important question because if you file a Chapter 7 bankruptcy before your new eligibility period begins, it will be dismissed. The 8 year period begins on the date of your previous filing, not the discharge date. To be eligible for chapter 7 bankruptcy relief, certain household financial prerequisites exist. If you qualify at the time of your next filing, then if you are able to wait until the 8 year anniversary it may save you thousands of dollars. If you cannot wait, a chapter 13 bankruptcy alternative may be worth discussing with an experienced attorney. You will want to confirm that you will be eligible for a discharge in chapter 13 and you can determine if it is possible to only repay a lower percentage of your unsecured debts. Hope this helps and good luck!

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