Legal Question in Bankruptcy in California

Filing for Chapter 7 again

Can someone please clarify to me the current law pertaining to filing for Chap. 7. I filed Chapter 7 and it was discharged in 2001. Is the waiting period 6 years from the last file date or do I now have to wait 8 years because of a law I heard was passed in 2005? Does this new law only apply if you filed on or after October of 2005?


Asked on 5/13/08, 7:56 pm

2 Answers from Attorneys
Lauren Ross Lauren Ross

Re: Filing for Chapter 7 again

To file a chapter 7 you need to wait 8 years from the date your prior case was filed, regardless of when that was.

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Answered on 5/13/08, 7:58 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: Filing for Chapter 7 again

You are referrign to the Bankraptyc Abuse Prevention and Consumer Protection Act of 2005. You cannot file another Chapter 7 case until 8 years have passed. You must wait until 8 years have passed since the FILING DATE of your prior Chapter 7 bankruptcy. The date you received you discharge is unimportant.

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Answered on 5/13/08, 8:16 pm


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