Legal Question in Bankruptcy in Virginia
filing time requirements
after filing backruptcy, how long must you wait before filing again?
3 Answers from Attorneys
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.
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
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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