How many years do have to wait to file chapter 7 bankruptcy again?

Answer 1

The Bankruptcy Laws have changed dramatically. Many, if not most, filings are now being given a payment plan rather than being forgiven. The determining factors include your income and assets (if any), and if you have already gone bankrupt before. The payment plans set up through the courts generally are spread out over a period of 5 years.

Six years Bankruptcy is no longer the expedient for certain action it formerly was. Especially for a multiple filer. More and more filings are being dismissed, rather than discharged.

More Input

• Bankruptcy laws were reformed in 2005 making the time limit between chapter 7 filings 8 years from the time of discharge and the time for filing a chapter 13 after a chapter 7 discharge 4 years.

Answer 2

I heard a lawyer on Talk Radio say that chapter 7 bankruptcy can be filed again after a 6 year waiting period.

It used to be that you could file chapter 7 once every 6 years. However, come October 17, 2005, the new law takes effect, and debtors can only file once every 8 years.

Hope this helps, Your friendly Bankruptcy Attorney =-)

As of October 17, 2005, the new time limit for filing a Chapter 7 is now eight (8) years from the discharge date of a previous "7" filing. The time limit for a Chapter 13 is four (4) years from the discharge date of a previous "7" and two(2) years from the discharge date of a previous "13".

Answer 3

Six years from the date the first bankruptcy was discharged.

It's actually six years from the date the first bankruptcy was filed, not discharged. See 11 U.S.C. § 727, which states "(a) The court shall grant the debtor a discharge, unless- (8) 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; [or] (9) the debtor has been granted a discharge under section 1228 or 1328 of this title, or under section 660 or 661 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition, unless payments under the plan in such case totaled at least- (A) 100 percent of the allowed unsecured claims in such case; or (B) (i) 70 percent of such claims; and (ii) the plan was proposed by the debtor in good faith, and was the debtor's best effort...." Since the Code says "commenced," it means the filing date is the relevant date. 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.

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

START WITH A NEWS FLASH! Bankruptcy is not part of financial planning.

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.

That's only a very small part of an answer to your question...the real one being: Until you substantially change your ways....likely just about everything in your spending habits and probably even how and what you feel you deserve from others and yourself....you'll just continue being a bankrupt (which it seems you like so much you want to do as often as possible)... Hey...wake up...what your doing...what your taking from others...it obviously ain't working for you and certainly ain't making you rich. Change. NOW.

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

THIS QUESTION HAS BEEN ASKED AND ANSWERED MANY, MANY TIMES. IT IS PART OF THE DATABASE HERE. PROPERLY USING THE SYSTEM MEANS YOU WOULD HAVE GOTTEN THE ANSWER WITHOUT HAVING TO WAIT! (Or inconveniencing others and wasting valuable resources). (And consider that if you don't understand how to use this simple system, which actually asked if this question were what you were asking before forcing this into the active forum - you really should only consider having your own personal lawyer handle EVERYTHING to do with your financial matters and any BK issues, which are all much much more complex and less forgiving of not adhereing to the system. And wonder if one reason you are in such continual financial touble could be your failing to correctly utilize or understand the information available to you). 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 7

C-11 is virtually only for CORPORATIONS and unlike C-7 & 13 for individuals, it may happen many times without restraint...but of course, unless there is a real chance of there being a C-11 reorganization that will be succesful, and the business ability to achieve it and run while it happens...the court will reject the filing and only allow a C- 7 or a C-11 with intent of dissolution.

Answer 8

It would depend on the circumstances and which country you are filing in.

Answer 9

8 years.