How long do I have to wait to file bankruptcy again?

I filed bankruptcy on 11/28/2003. It was discharged in March of 2004. At that time, I was told that I would have to wait 7 years to file again. Recently I heard that you now have to wait 10 years. Is this true and does it apply to me? Thank you!

Asked on June 9, 2009 under Bankruptcy Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A 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 Chapters 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.


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