What time frame do I have to refile for bankruptcy? - Bankruptcy Law Questions and Answers- LawQA.com

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What time frame do I have to refile for bankruptcy?

Is the time frame to file bankruptcy again 8 years from filing date or from discharge date? We filed 4/14/04 and it was discharged 8/16/04

Mercado & Hartung, PLLC
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It's from the Discharge Date. Contact a local attorney for specifics.

Answer Applies to: Washington
Replied: 3/30/2012

Answer By Marvin Wolf
The Law Office of Marvin Wolf
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For Chapter 7 cases, time is computed from filing date to filing date.

Answer Applies to: New Jersey
Replied: 3/29/2012

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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It is 8 years from the prior filing date. So based on what you told me, you can file after April 14, 2012.

Answer Applies to: California
Replied: 3/29/2012

Answer By Phil Boardman
Philip R. Boardman, Attorney at Law
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The 8 year clock starts ticking from the first filing date, not the discharge date.

Answer Applies to: Virginia
Replied: 3/29/2012

Answer By Asaph Abrams
Law Office of Asaph Abrams
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Assuming you are referring to filing a chapter 7 after having filed a prior chapter 7 that ended in discharge, then the relevant time-period to pass is 8 years from filing date to filing date. So you don't trip up on the dates, see 11 USC 727(a)(8) and consult an attorney. On time restrictions relating to both chapter 7 and chapter 13 Google my name + repeat filing. This answer (by San Diego bankruptcy attorney, Asaph Abrams) doesn't address all facts & implications of the question; it's general info, not legal advice to be relied upon. It creates no attorney-client relationship; it may be pertinent to CA and/or its Southern District Bankruptcy Court only, and it's independent of other answers. It may be time sensitive, as in past the "Use by" date: laws and case law change. Hire legal counsel before acting or refraining from bankruptcy/legal action.

Answer Applies to: California
Replied: 3/28/2012


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For a Chapter 7 case, 8 years from the date you filed your first petition.

Answer Applies to: Georgia
Replied: 3/28/2012

Law Office of Lynnmarie A. Johnson
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8 years from the date the petition was filed. Good luck!

Answer Applies to: Michigan
Replied: 3/28/2012

Answer By Kevin Heupel
Heupel Law
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Assuming you filed Chapter 7 on April 14, 2004, you can file another Chapter 7 after April 14, 2012. It is the filing date that applies and not the discharge date.

Answer Applies to: Colorado
Replied: 3/27/2012

Answer By Ken Parker
Kenneth A. Parker, P.C.
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If your prior case was filed 4/14/04, then you can re-file on 4/15/12. The 8 year begins to run from the date the prior case was filed, not from the date it was discharged.

Answer Applies to: Georgia
Replied: 3/27/2012

Charles Schneider, P.C.
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No. It is 8 years from the prior commencement date 4/14/2004.

Answer Applies to: Michigan
Replied: 3/27/2012

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