If I have filed bankruptcy in the past how many years before I can do it again??

Question Details:

I have filed bankruptcy in the past but may need to file again. How many years do you have to wait before you can file again?

Asked 11/10/2009 under Bankruptcy | 351 View(s) | More Legal Topics

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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 periods in either case are measured from the commencement date of the respective case.  The date of discharge have no bearing.

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