Legal Question in Bankruptcy in California

filing bankruptcy

If i had a BK discharged in Feb. 2002. How long must I wait before I can file again?


Asked on 5/01/09, 11:48 am

3 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: filing bankruptcy

If you need to file another Chapter 7 bankruptcy, you must wait until 8 years from the date that you filed your previous case. You could file a Chapter 13 repayment plan now if you wanted to.

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Answered on 5/01/09, 1:55 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: filing bankruptcy

Eight years from the date the last bankruptcy was filed -- not from the date of discharge.

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Answered on 5/01/09, 12:55 pm

Re: filing bankruptcy

� You cannot file Chapter 7 until eight years from the date of the previous filing

(not the date of discharge) of the previous Chapter 7.

� You cannot file a Chapter 13 unless you received a discharge under Chapter 7

more than four (4) years ago or under Chapter 13 more than two (2) years ago.

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Answered on 5/01/09, 1:35 pm


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