Legal Question in Bankruptcy in Ohio
How often can a person file bankruptcy
I work for the State and they are considering cutting our pay 6%, raising health insurance and making us take furlough days and possibly eliminate holiday pay. I filed a Chp. 7 back in October 2004 prior to the law changing. I am a single mother who fights constantly to get child support from a dead beat father. CSEA is not much help. Anyhow, when I go through these long periods of non-support I live on credit cards to get through until they finally get him to pay again. If the State does make all these cuts, I will have to file again just to have money to feed my son. So my question is this, how often can a person file. I am hoping I don't have to, but I may have no choice as my son is only 10 and he is a growing boy. Thanks.
2 Answers from Attorneys
Re: How often can a person file bankruptcy
Hello and thank you for contacting the Law Guru!
Under the bankruptcy law, you must wait 8 years from the date you filed your previous chapter 7 case to be eligible for a discharge in a new chapter 7. You must wait 4 years from the date you filed your previous chapter 7 case to be eligible for a discharge in a new chapter 13 case. Based on the information in your email, you could file a new chapter 13 now and receive a discharge.
I hope this information is helpful. Thank you!
Re: How often can a person file bankruptcy
You can file a Chapter petition 8 years after the initial filing if it is discharged. You may file a Chapter 13 case 4 years after a discharge.
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