Legal Question in Bankruptcy in Virginia

Chapter 7 - Minimum Frequency

How long must an individual wait after a successful bankruptcy filing before filing again? Is that time measured from the original date of filing or the date of final ruling?

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Asked on 3/16/00, 10:25 am

2 Answers from Attorneys
Frank Rooney Frank J. Rooney & Associates

Re: Chapter 7 - Minimum Frequency

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Answered on 3/24/00, 5:24 pm
Daniel Press Chung & Press, P.C.

Re: Chapter 7 - Minimum Frequency

Mr. Rooney's response was inappropriate for this BBS.

Technically, you can file a new Chap. 7 at any time, but you cannot obtain a discharge if the date of filing is less than 6 years from the date of filing a prior case in which you obtained a discharge, except that if the prior case was a Ch. 12 or 13, you can obtain a discharge if you completed a plan that paid 100%, or paid at least 70% and the court finds that you made your best efforts. There are no minimum times for obtaining discharges in subsequent cases under other chapters.

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Answered on 3/25/00, 7:55 am


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