Legal Question in Bankruptcy in California

time

For the state of CA., how soon can you file for chap. 7 after filing previously? I have seen 3 different answers from 6-8 years. Which is correct for CA.?


Asked on 11/17/08, 10:47 pm

3 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: time

Bankruptcy is a federal law, so the answer is the same whether you are in California, New York or Texas. In 2005, Congress passed a reform that increased the amount of time between Chapter 7 filings to 8 years.

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Answered on 11/17/08, 11:00 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: time

It's actually 8 years from the date of the earlier -filing-, if you obtained a discharge in that earlier BK.

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Answered on 11/17/08, 11:07 pm
Brian Whitaker Lifeline Legal, LLP

Re: time

Eight years for a Chapter 7 ... But if it's been at least four years, you can file a Chapter 13 and receive a discharge of all debts you were unable to pay in your Chapter 13 Plan.

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Answered on 11/17/08, 11:12 pm


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