If I filed Chapter 7 in 2003, can I file again now?
Question Details:
I filed bankruptcy in 2003; retired from my job in April 2009. Was working part time and and had an injury on the job. Receiving workers comp. payments for now. Not enough to pay by bills. Can I file bankruptcy in 2009?
Bankruptcy Law Answers
A debtor cannot obtain a discharge in a Chapter 7 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 8 years, or (b) a Chapter 13 case filed within the past 6 years.
A debtor cannot obtain a discharge in a Chapter 13 case if the debtor obtained a discharge in (a) a Chapter 7 case filed within the past 4 years, or (b) a Chapter 13 case filed within the past 2 years.
The time period is measured from the commencement date of the cases; the date of discharge have no bearing.
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