I live in Alameda county, California. In 2001, I filed chapter 7 bankruptcy. I refiled in 2008, but it was rejected, so I filed chapter 13 bankruptcy instead. Can I refile again in 2009?

My Alameda county, CA bankruptcy attorney said that because I was in chapter 13 bankruptcy, I couldn’t do a chapter 7 again. Is this true? Need a second opinion.

Asked on June 10, 2009 under Bankruptcy Law, California

Answers:

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

Answered 10 years ago | Contributor

For the bankruptcy question in Alameda county, CA: 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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