If the 2005 BK was a chapter 7, then no, you would only be able to file another chpt. 7 bk in 2013.
If the foreclosure was not part of the bankruptcy, yes.
chapter 7 you can file every 8 years. chapter 7 lasts 10 years starting with the new laws in 2005. since you filed before 2005 your chapter 7 stays on your credit report 7 years as opposed to 10 years.
Yes, but new bankruptcy reform will become effective on Oct 17, 2005. Some previous filings may or may not be deemed retroactive as to when they can be filed, as the new law will change the time frame to eight years. It will also become very difficult to file a Chapter 7 bankruptcy if the debtor has any disposable income. IRS guidelines will be used to determine the type of bankruptcy that will be allowed.
It will be on your report for 10 years, so saying you filed in `05, you have an additional 3 years.
if you filed chapter 13 and it was discharged in 2005 can you file chapter 7 in 2009
Bankruptcy is ALWAYS a Federal case. Your State makes little difference.Under the new bankruptcy law effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
Bankruptcy is Federal matter. Your State is of no consequence. Under the new bankruptcy law taking effect on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
Here is the question, was the judgment placed under the bankruptcy? If so, you can dispute the items as part of the bankruptcy. If not, it is a separate entry and has the right to stand on it own.
The most significant change to the 1978 statute concerns consumer bankruptcy under the Chapter 7 liquidation provisions.
10 years. Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
You can file a chapter 13 bk, but NOT another chapter 7.