How long do I have to wait before I can file for bankruptcy again? - Bankruptcy Law Questions and Answers- LawQA.com

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How long do I have to wait before I can file for bankruptcy again?

I filed for chapter 13 bankruptcy over eight years ago in 2003. I have to file again due to my outstanding medical bills. Is it possible for me to file again? What should I expect the second time around?

Mercado & Hartung, PLLC
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If it has been 8 years since discharge you are eligible to file again.

Answer Applies to: Washington
Replied: 8/24/2011

Burnham & Associates
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There are some differences in the Bankruptcy Laws since 2003. If you filed a Chapter 13 you only have to wait 5 years, if you filed a Chapter 7 you must wait 8 years to file again. In either case you should be all set to file, provided that you meet the criteria necessary to qualify for Bankruptcy. You should speak with a Bankruptcy Attorney to ensure that you protect yourself and your assets.

Answer Applies to: New Hampshire
Replied: 8/15/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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You only need 8 years between cases, so you can file again. The second case will be much like the first except you have to comply with the 2005 amendments: means test, credit counseling and debtor education. A lawyer can help you with that.

Answer Applies to: California
Replied: 8/15/2011

Answer By Bill Zurinskas
Bankruptcy Law Center
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You can file a chapter 7 bankruptcy 6 years after a previous chapter 13 bankruptcy (assuming chapter 13 discharge was granted). You can file a chapter 13 bankruptcy 2 years after a previous chapter 13. The procedure has changed since you last filed for bankruptcy. You now need to complete two sessions of credit counseling: one before and one after filing for bankruptcy. If your income is too high you may not qualify for chapter 7 bankruptcy.

Answer Applies to: Colorado
Replied: 8/15/2011

Law Office of Lynnmarie A. Johnson
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Yes, you can file either a chapter 7 or 13 after this long. What you can expect depends totally on your situation and what and how it has changed. See an attorney, many offer a free initial consultation to find where you stand. Good luck.

Answer Applies to: Michigan
Replied: 8/15/2011

Answer By Dan Wilson
Dan Wilson Bankruptcy
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You can file a Chapter 7 six years after a prior 13. You can file a Chapter 13 2 years after a previous 13. So long as you meet the time requirement the 2nd filing is not that big a deal. However, the law has changed a lot since you did your 13.

Answer Applies to: Colorado
Replied: 8/14/2011

Bankruptcy Law office of Bill Rubendall
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If you have not had a bankruptcy in over eight years you are an eligible debtor under chapter 7 or chapter 13. Consult with an attorney as to what alternative is better for your situation.

Answer Applies to: California
Replied: 8/13/2011

The Northwest Debt Relief Law Firm
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Your prior filing is now not an obstacle to your filing again.

Answer Applies to: Oregon
Replied: 8/13/2011

Ross Smith, Attorney at Law
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Eight years is the limit. You should have no special problems. Just file a "square" petition and you'll be fine. Good luck. Thank you for reading me. I hope you found this answer to be helpful. This answer is not intended to create an attorney/client relationship. It is general information that should be discussed with your own attorney. Because the law in other jurisdictions is different and the facts of each case are different, consumers cannot rely on the opinions expressed here.

Answer Applies to: Ohio
Replied: 8/13/2011

Answer By David VanDyke
Bird & VanDyke, Inc.
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From what you are telling me you could file either chapter.

Answer Applies to: California
Replied: 8/13/2011

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