Legal Question in Bankruptcy in California
bankruptcy the second time around
how long do I have to wait to file a second bankruptcy? seven or ten years?
Asked on 4/21/00, 6:06 pm
2 Answers from Attorneys
Daniel Press
Chung & Press, P.C.
Re: bankruptcy the second time around
A Chapter 13 can be filed at any time after a prior bankruptcy with no effect on the discharge. A Chapter 7 can technically be filed at any time after a prior one, but if it is less than 6 years after a prior Chapter 7 in which a discharge was granted, no discharge will be available in the subsequent case.
Answered on 5/22/00, 2:43 pm
Alexander M. Rosenfeld
Rosenfeld & Stein, P.A.
Re: bankruptcy the second time around
If you obtained a discharge in a chapter 7 case, you may file and obtain a discharge after the expiration of six years from the date of your first discharge.
See the prior reply as it pertains to ch13 cases.
Answered on 5/22/00, 3:28 pm
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