Legal Question in Bankruptcy in California

Re: Filing Bankruptcy twice

Discharges are usually issued approximately 3-4 months after you file your case. You would have gotten a notice in the mail. If you did not, you should check with your attorney. You can file a bankruptcy after 6 years have passed since the date you filed your last one. So, yes, you can file another one now.

Re: Filing Bankruptcy twice

The discharge is granted generally 4-5 months after the filing of your case. The fact that the bankruptcy may remain on your credit report for 10 years has nothing to do with your ability to file another bankruptcy.

The rule is basically, as follows:

filing of another chapter 7 is 6 years filing date to filing date (in your case after 12/96 you can file another chapter 7;

filing of a chapter 13 could have been filed after the conclusion of your chapter 7, if needed.

The bottom line is that either chapter is available to you if necessary.

I am a Certified Bankruptcy Law Specialist, State Bar of California. We offer free consultations.

Best of luck.

Marcus G. Tiggs, Esq