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One can file a bankruptcy case at any time. The only issues upon filing will be:
1. Under what Chapter will one be permitted to file;
2. Whether one will get the benefit of the automatic stay while the case is pending; and
3. Whether one will get a discharge at the end of the case.
If a prior case was filed but no discharge order was ever issued, a stay of all collection efforts will issue automatically and the debtor may be eligible for a discharge at the end of the case. If a discharge order was indeed entered in the prior case, a Debtor must wait for specified periods if he or she is to benefit from an automatic stay and receive a discharge in the new case. The following is a table summarizing the waiting period required by law to stay creditors and get a discharge of debts:
Prior Case Chapter 7 Chapter 13
Chapter 7 8 years 4 years
Chapter 11 8 years 4 years
Chapter 12 6 years 4 years
Chapter 13 6 years 2 years
- BensonBankruptcy.comYou can refile after your bankruptcy case has been discharged by the court. I filed a chapter 7 in December, it was discharged March 15 and I filed a chapter 13 on the 22nd.You can file chapter 13 as soon as your bankruptcy is dismissed but can only file chapter 7 every 7 years.
"Dismissed" means the court threw your case out without "Discharging" any of your debt.
You can either file Chap 13 immediately, or go to another Chap 7 filing after waiting 6 months...sort of a penalty period. Unless that has changed to, as someone said, 6 or 7 years.
www.nolo.com has most of the information you will need.
You cannot file a Chapter 7 case for 6 years after the filing date of a prior Chapter 7 or Chapter 13 which received Discharge. You can file a Chapter 13 nearly anytime so long as no other case is pending (with some exceptions). (FYI filing a Chapter 13 immediately after a Chapter 7 is called a "Chapter 20"). As of today (2/11/05) there is legislation pending in the United States Senate which I believe will increase the time you have to wait to 8 years, but this law may or may not get passed.
However, if the case was dismissed (and not Discharged), one can normally re-file immediately after dismissal unless the Court places a bar to re-filing, or unless the circumstances create a bar to re-filing. Sometimes, if the Court feels that a debtor acted in bad faith or for some other reason, the Court may bar the debtor from re-filing for some period of time. Or, once a Motion for Relief is filed by a creditor, if the debtor voluntarily dismisses his or her own case, then that debtor is automatically barred from filing a new case for 180 days. Please keep in mind that nothing in this posting or in any other posting constitutes legal advice, it is simply my understanding of the facts, which I do not warrant in any way.
What else can I help you with?
When did the time limit for a chapter 7 bankruptcy change from 8 years to 10 years and is a bankruptcy petitioner protected by a grandfather clause if they filed before the change?
The length of time a discharged 7 or 13 bankruptcy can remain on a credit report has always been 10 years. A dismissed chapter 13 remains for 7 years a dismissed chapter 7 remains for 10 years. Therefore, no type of clause applies because the requirement has never changed. Bankruptcy laws and credit reporting laws are two entirely different issues.
If a chapter 13 bankruptcy was dismissed in June of 2005 when could tax refund offset of a student loan be expected?
If you are due a refund for taxes filed for the 2005 tax year, that refund can be siezed to offset the student loan - and every refund after that too.
Which bankruptcy chapter was most affected by the change in bankruptcy laws in 2005?
The most significant change to the 1978 statute concerns consumer bankruptcy under the Chapter 7 liquidation provisions.
Can you file chapter 7 again if you filed bankruptcy in 2001?
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.
If your Chapter seven was discharged in 2002 when would you be able to file chapter 7?
In 2005, they passed a law saying you can't do it again for eight years. You also have to reside in the state for two years prior to bankruptcy.
When can you file a chapter 7 bankruptcy again if you filed a chapter 7 in 2000 under old bankruptcy laws?
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.
Are recent debts accrued after filing a no asset bankruptcy case discharged along with listed debts?
If you are referring to a Chapter 7 bankruptcy, you are stuck with debts incurred after filing the bankruptcy unless your case is dismissed without a discharge and later refiled. In a Chapter 13 case, sometimes post petition debts can be paid through plan or the debts can be covered if you voluntarily dismiss the case and refile or convert it to a Chapter 7. In the case of a conversion to a Chapter 7, it would cover all debts up to the date of the conversion. The reform laws that went into effect in October 2005 contain much stricter rules on cases where a bankruptcy has been dismissed and refiled to prevent "serial" filers. Before making a decison, you must consult a local bankruptcy attorney to decide if dismiss your case and refiling is a valid option for your circumstance. Finally, Chapter 7 cases are very difficult to dismiss voluntarily.
Can you file a chapter 7 after a chapter 13?
Believe it or not, the ploy is called a Chapter 20! A so-called "Chapter 20" bankruptcy is the process filing of a "Chapter 7" bankruptcy to discharge unsecured debts, followed by a "Chapter 13" bankruptcy to allow the debtor to catch up on mortgage payments. The 2005 Bankruptcy Reform Act attempts to limit "Chapter 20" bankruptcies by imposing limits on the filing of successive bankruptcies. Under current bankrupcy law a Chapter 13 bankruptcy may be filed only once every two years, and three years must pass after the filing of a Chapter 7 bankruptcy before a Chapter 13 filing. Some debtors attempt to circumvent this restriction by filing for Chapter 13 protection while the Chapter 7 petition is still pending. That option is not available in all courts. In a "Chapter 20" bankruptcy, debtors should be aware that missing even one mortgage payment after filing the initial "Chapter 7" petition may cost them their ability to save their home in a subsequent "Chapter 13" filing.
Can you file chapter 7 bankruptcy if you filed in 2005 in kentucky?
If the 2005 BK was a chapter 7, then no, you would only be able to file another chpt. 7 bk in 2013.
When can you file a chapter 7 bankruptcy again if you got yours cleared January 2001?
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.
If you filed chapter 7 in 2005 and your house was foreclosed on in 2007 do you have to pay taxes on it?
If the foreclosure was not part of the bankruptcy, yes.
Can you file for bankruptcy again after the dismissal of a Chapter 7 bankruptcy?
It makes no difference where you are...bankruptcy is Federal.Under the bankruptcy laws effective from 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: bankruptcy is for resolving an extraordinary bad luck in life event...a once in a lifetime event. Its a real break..that in most parts of the world you just don't get..there you pay your debts, or your kids, family do, or (and frequently it's AND) very bad things happen to you. But most certainly, your not a trusted member of the community ever again..and you ain't reneging on your solemn oath to pay again. If you looking to do it even a few years after having done it, 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... in ways much more than money. 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.
