I filed Chp 7. bankruptcy and it was discharged on 10/2001. Can I file again now? I was out of work from 2003 till 2006. And, I have $30000 of debt.
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I filed Chp 7. bankruptcy and it was discharged on 10/2001. Can I file again now? I was out of work from 2003 till 2006. And, I have $30000 of debt.
Asked on July 2, 2009 under Bankruptcy Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
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 dates of the respective cases. The dates of discharge have no bearing on the disqualification
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
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 dates of the respective cases. The dates of discharge have no bearing on the disqualification
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