If I filed bankruptcyand was discharged over 5 1/2 years ago, am I able to file again?

If not, when?

Asked on August 19, 2011 Colorado

Answers:

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

Answered 9 years ago | Contributor

You did not state just what chapter that you previously filed. Accordingly the general rules are: 

  • A debtor cannot obtain a discharge in a Chapter 7 case if the debtor obtained a discharge in a Chapter 7 case filed within the past 8 years, or 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 Chapter 7 case filed within the past 4 years, or a Chapter 13 case filed within the past 2 years.

The time period is measured from the filing date and the date of discharge.


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