Legal Question in Bankruptcy in Virginia

filing time requirements

after filing backruptcy, how long must you wait before filing again?


Asked on 2/19/02, 8:41 pm

3 Answers from Attorneys

Randy Masters The Law Office of Randy Masters

Re: filing time requirements

You may file another Chapter 7 Bankruptcy after 6 years of the filing date of your original Chapter 7 bankruptcy. You may file a Chapter 13 Bankruptcy anytime after your Chapter 7 discharge, though.

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Answered on 2/20/02, 2:18 pm
Tommy Andrews, Jr. Tommy Andrews, Jr., PC

Re: filing time requirements

If you filed a Chapter 7 then you must wait six years from the date of discharge to file another Chapter 7. Filing second Chapter 13's is a little more complicated and I would need more information to answer the question. Tommy Andrews, Jr., ESQ (703) 838 9004

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Answered on 2/19/02, 9:02 pm
Daniel Press Chung & Press, P.C.

Re: filing time requirements

You can FILE again as soon as you like. However, assuming both cases are Chapter 7's, you cannot obtain a discharge in the second case unless 6 years have passed before the 2nd filing. So there's usually no reason to file a second 7. Ch. 13 can be filed at any time, w/ no restrictions on obtaining a discharge after a prior case of any chapter. A dischargeable 7 can be filed less than 6 years after a 13 only if certain amounts were paid to creditors in the 13.

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Answered on 2/20/02, 1:38 am


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