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Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
THIS QUESTION HAS BEEN ASKED AND ANSWERED MANY, MANY TIMES. IT IS PART OF THE DATABASE HERE. PROPERLY USING THE SYSTEM MEANS YOU WOULD HAVE GOTTEN THE ANSWER WITHOUT HAVING TO WAIT! Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.
The above notes discharge dates
I just asked an attorney this question and he said it was 8 years after FILING date, NOT discharge date. The attorney you spoke with is mistaken. And in fact, if he considers the 2 year time frame for C-13, and the 4 year for 7 or 11 would frequently be less than it takes to discharge the case, especially complex C-11 . Almost always in C-13 in fact. He may be thinking of the rules before 2005.
In order to be able to file for bankruptcy you must be able to meet certain qualifications. These qualifications differ from chapter to chapter and whether the filing is for a business or for an individual. The qualifications include the type of debts and the monetary amount of the debt. The article below lists the various qualifications for each type of bankruptcy.
If you filed Chapter 7, 6 years ago you will have to wait 4 more years before you can file it again because Chapter 7 is a ten year wait period before filing another one. Chapter 13 can be filed anytime you want there is no wait period for it.
No. A BK 7 can only be filed every six years. A BK 13 (debt repayment plan) has no time restrictions. It can be filed anytime or be modified with the approval of the trustee.
Yes. Having a bankruptcy discharged does not mean you are under "house arrest".
No. You would have to wait seven years to file again for Chapter 7 and four to file again for Chapter 13. The article below goes into more detail on filing for bankruptcy a second time.
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How long do you have to wait in order file file chapter 7 bankruptcy again?
chapter 7 filings 8 years from the time of discharge and the time for filing a chapter 13 after a chapter 7 discharge 4 years.
Can you bankrupt your student loans if you have had a previous bankruptcy within the past 4 years?
I didn't get your question. Are you trying to ask if you can able to file bankruptcy again even though you had filed previously one? As far as i know, Student loans won't discharge in bankruptcy. It's better consult this from the bankruptcy advisers.
How long do you have to wait to file bankruptcy after last bankruptcy?
You have to wait eight years after filing for Chapter 7 and 4 after filing for Chapter 13.
You have lived in sc for 4 years will have 2 condos foreclosured on soon am returning to ca-will probably need to file chap 7 there 1 will ca bankruptcy include hoa assessments in arrears?
Your bankruptcy attorney can help you answer your question.
Can you file for chapter 13 bankruptcy more then once?
Yes, but if you have previously filed a chapter 7, you must wait 4 years before allowed a chapter 13 discharge.
What if you forgot to file Section 522 of the bankruptcy code and did not discover the oversight for 4 years?
Failing to elect which exemption you chose (State or Federal) and file for those exemptions can lead to the loss of the protection and those otherwise exempt assets.
How many years in between filing chapter 7 bankruptcy can i file again?
THIS QUESTION HAS BEEN ASKED AND ANSWERED MANY, MANY TIMES.IT IS PART OF THE DATABASE HERE.Under the bankruptcy laws effective on October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago.The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago.AnswerAs of October 17, 2005, the new time limit for filing a Chapter 7 is now eight (8) years from the discharge date of a previous "7" filing. The time limit for a Chapter 13 is four (4) years from the discharge date of a previous "7" and two(2) years from the discharge date of a previous "13".
Can you add a pool to home and 4 days later file bankruptcy?
That is ridiculous. No. Your case will be thrown out for fraud.
Did Monaco Motor Coach file bankruptcy?
Yes, they filed Chapter 11 on March 4, 2009.
Can a woman file for bankruptcy after she is married and not include her spouse who went bankrupt 4 years ago?
Either spouse may file a separate bankruptcy. However, if they are joint debts the non-filing spouse will be responsible for repayment. If the spouse is the sole debtor the non-filing spouse might still be responsible if they reside in a community property state.
Can you file bankruptcy more than once?
Yes about every 7 years. * A chapter 7 can be filed 8 years after a previous chapter 7 discharge. A chapter 13 can be filed 4 years after a discharge of a BK 7, 11 or 12 and two years after a discharged 13.
What is the statute of limitations to file a motion to reinstate stay for bankruptcy in Ohio?
For most cases of fraud it is 4 years from the time that the crime is discovered. In some instances, (parallel entity fraud, concealment of assets, etc.) the fraud might be considered a continuing offense, and thus there may be no statute of limitations (especially in cases of corporate bankruptcy). The federal statute of limitations in most cases of bankruptcy fraud is 5 years from either the discharge or denial of the bankruptcy proceedings.
