If you filed chapter 7 bankruptcy in 2004 can you file again?

Answer 1

Six years from the time your previous filing was discharged. However, BK courts are taking a closer look at those who have filed multiple times. A 13 can be filed (or amended) at anytime.

Not to split hairs, but you can actually file a Chapter 7 anytime after 6 years from the date on which the prior case was FILED (not discharged). See 11 U.S.C. 727(a)(8) which says the debtor can receive his or her Chapter 7 discharge unless "the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition."

So, the Bankruptcy Code says you can re-file 6 years after the prior case was commenced (filed), not 6 years after discharge. Nikki also makes a good point that Courts are scrutinizing multiple filings (so that while the Bankruptcy Code doesn't list how many times a person can file, the Courts will not allow serial filings if they think the debtor is abusing the system).

As Nikki also pointed out, you can file a Chapter 13 pretty much anytime so long as no other case is pending and so long as, again, the Court doesn't think you're abusing the system.

If the new bankruptcy reform law is passed, Congress is considering changing the 6-year waiting period to 8 years.

Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

Answer 2

A Chapter 7 can be filed again eight (8) years after the discharge. A Chapter 13, can be filed four (4) years after the discharge of a Chapter 7, 11 or 12; and two (2) years after the discharge of a previous Chapter 13.

Answer 3

As asked and answered at least a thousand times here before....and because of the system provided to you already.....I gather you want to ignore it as you want to ignore the need to do things differently, if you don't want to be considered bankruptt in more than just smarts and financial matters.......

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.

Answer 4

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.

Answer 5

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.

Answer 6

You can file again but you can only file once every seven years.

Answer 7

Assuming you had no self control and really screwed up your financing again, you will be able to file again in 2011. The rules will be different this time.

Answer 8

You must wait 8 years after the filing of the petition before filing another chapter 7.