Prior Bankruptcy? | When Can I File Again?

Prior Bankruptcy? | When Can I File Again? | Chapter 7 & 13

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The Rules Regarding Prior Bankruptcy

Prior Bankruptcy? | When Can I File Again? | Chapter 7 & 13

Prior Bankruptcy Questions Answered. Need To

Article "Prior Bankruptcy" by Attorney David A. Casey?

1. If a prior bankruptcy had been filed by you or your spouse if you are married;
2. If the prior bankruptcy was a Chapter 7 or Chapter 13;
3. Was the prior bankruptcy dismissed by you or the court?
4. The date the prior bankruptcy was filed or;
5. The date the prior bankruptcy was dismissed.

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Common Prior Bankruptcy Questions:
Q. I filed a chapter 7 bankruptcy five years ago. I received a discharge of my debt. When can I file bankruptcy again? I lost my job and can’t pay my current debts.
A. In order to qualify for a chapter 7 you have to wait 8 years after filing.
(Example: If you filed on November 30, 2005 you can not file a chapter 7 until December 1, 2013. The second bankruptcy is allowed after eight years has passed)
Q. Can I file chapter 13 since I can not qualify for chapter 7?
A. You can file a chapter 13 one day after chapter 7 debts have been discharged. This is common when certain liens were served y and the liens were not discharged. (Not all liens are dischargeable in chapter 7). Please note you can not get a chapter 13 discharge until four years after you filed a chapter 7. This is the filing date not the discharge date.
In the first example I used November 30, 2005. This would mean you can discharge your chapter 13 dischargeable debts any time after November 30, 2009. Sometimes attorneys call this a chapter 20 since the debtor filed a chapter 7 then a chapter 13 which equals a “Chapter 20 bankruptcy”.
Q Are there other reasons I can not file a chapter 7?
YES, if it you filed a chapter 7 bankruptcy and it was dismissed within the last 180 days.
The most common reasons are:
(1.) If you filed a chapter 7 or chapter 13 and it was dismissed for cause;
(2) Debtor violated a court order or;
(3) A creditor asked from a relief from stay and you then dismissed the chapter 7 case.
Q. I filed to discharge my business debts in a chapter 13 and it was dismissed since it was a corporation. Can I file chapter 7 now?
Most of the time the answer is yes, unless the court dismissed it for cause. However, the relief from stay (stay is part of the bankruptcy protection from certain creditors taking action against you) may be shorter than normal or we might have to file a motion to continue the stay.

There are many more issues involving prior bankruptcies. If you are considering bankruptcy and have a prior bankruptcy please give my law office a call.

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1. If a prior bankruptcy had been filed by you or your spouse if you are married;

2. If the prior bankruptcy was a Chapter 7 or Chapter 13;

3. Was the prior bankruptcy dismissed by you or the court?

4. The date the prior bankruptcy was filed or;

5. The date the prior bankruptcy was dismissed.

Common Prior Bankruptcy Questions:

Q. I filed a chapter 7 bankruptcy five years ago. I received a discharge of my debt. When can I file bankruptcy again? I lost my job and can’t pay my current debts.

A. In order to qualify for a chapter 7 you have to wait 8 years after filing.

(Example: If you filed on November 30, 2005 you can not file a chapter 7 until December 1, 2013. The second bankruptcy is allowed after eight years has passed)

Q. Can I file chapter 13 since I can not qualify for chapter 7?

In the first example I used November 30, 2005. This would mean you can discharge your chapter 13 dischargeable debts any time after November 30, 2009. Sometimes attorneys call this a chapter 20 since the debtor filed a chapter 7 then a chapter 13 which equals a “Chapter 20 bankruptcy”.

Q Are there other reasons I can not file a chapter 7?

YES, if it you filed a chapter 7 bankruptcy and it was dismissed within the last 180 days.

The most common reasons are:

(1.) If you filed a chapter 7 or chapter 13 and it was dismissed for cause;

(2) Debtor violated a court order or;

(3) A creditor asked from a relief from stay and you then dismissed the chapter 7 case.

Q. I filed to discharge my business debts in a chapter 13 and it was dismissed since it was a corporation. Can I file chapter 7 now?