If I filed bankruptcyand was discharged over 5 1/2 years ago, am I able to file again?
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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 12 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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