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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.
What else can I help you with?
If someone files chapter 13 in 2004 can chapter 7 now be filed?
if you filed chapter 13 and it was discharged in 2005 can you file chapter 7 in 2009
If you had bankruptcy in 2004 can you file for bankruptcy again?
Some strict limitations have been set by the new bankruptcy law. Debtors will not be able to file Chapter 7 bankruptcy if they've been through a Chapter 7 within eight years of the new filing. If they want to file for Chapter 13, they will not receive a discharge within two years of a previous Chapter 13 discharge and within four years if they were discharged from a Chapter 7, 11 or 12 bankruptcy.
Can the bankruptcy court take your tax refund for 2004 if bankruptcy was filed in Dec 2004 if this was not discussed at the Creditors Meeting?
I think it depends on when your debts are discharged. If they were already discharged, it was a Chapter 7 bankruptcy, and it wasn't discussed at the creditors meeting, then the refund is yours. Besides, imagine if you filed on April 15th. You might not get your refund until later June or almost July, and that's months from when your debts were discharged. I'm pretty sure it's yours.
If you filed for Chapter 7 bankruptcy on ten years ago what is the date that this should be removed from your credit report?
If you filed on May 20, 1994, then the statute of limitations for that will be up on May 20, 2004, and should then be deleted from your credit history. The rule is 10 years from the date filed. Hope this has been a help!
If Husband and you filed chapter 13 in June but he lost his job in December and now you need to convert to a chapter 7 the only problem is he filed chapter 7 in 2004 can you still file a chapter 7?
You would be able to file for chapter 7 but not your husband.
Can you file chapter 7 bankruptcy now after filing in July 2004?
A person can file chapter 7 after 8 years from a previous chapter 7. So the answer is NO.
If you filed bankruptcy in Dec of 2004 can you get your refund that has already been taken for 2002?
No, the IRS will get to keep it. And, even if you could get it back, the bankruptcy trustee would probably take it to distribute to your creditors.
A chapter 13 bankruptcy was discharged in 2004 in Florida. when can another one be filed again?
Under the current law you must wait six years, and the sad part about the new law is that you must first credit consulting company before filing and show proof that you tried to work things out and after doing so with help of an experience attorney he/she can then file your case. Good luck.
I filed a chapter 7 in 2004 can you file a chapter 13 now. Im in Ohio?
= Ans == Bankruptcy is ALWAYS in a Federal Court and under Federal Laws. (Yes, some Federal Districts use the prevailing rules regarding some things in their area...like what may be personal property compared to real property, but the overall rules are universal). YOUR STATE GENERALLY MAKES NO DIFFERENCE. 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.
You file in 2004 for chapter 13 when will it be clear?
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. The bankruptcy will stay on your credit report for between 7-10 years..it never "clears", as in majically just disappears and never happened. like anything you do, it can always be a consideration to anyone extending credit....doing so being entirely their own decision.
If you filed bankrupty in 2004 how long will it be on my credit?
A bankruptcy filing can remain on your credit report for up to 10 years from the date of filing. However, its impact on your credit score may lessen over time as you rebuild your credit history. It's important to continue practicing good credit habits, such as making on-time payments and keeping credit card balances low, to improve your credit score despite the bankruptcy notation.
What happened to the A B DICK Company?
The A.B. Dick Company, known for printing press and office equipment, faced financial challenges in the late 1990s and early 2000s due to the rise of digital technology. The company eventually filed for bankruptcy in 2001 and its assets were acquired by Presstek Inc.
