11 Feb How many times can I file bankruptcy?
Question: I filed Chapter 7 bankruptcy last March 2004. When can I file bankruptcy again?
Answer: You can file again a Chapter 7 case by March 2012 in order to obtain a discharge. A Chapter 7 discharge may be granted after 8 years of filing a Chapter 7 bankruptcy. The start of the counting date for purpose of filing a new one is the date of filing the prior bankruptcy and not the date of discharge in that prior petition.
Question: I filed a Chapter 13 bankruptcy last April 2005. When can I file a new Chapter 7 case?
Answer: You may be able to file a Chapter 7 case if you filed before a Chapter 13 case as long as you have been discharged in that Chapter 13 case at least 6 years before filing your new Chapter 7 case. In your case, you have already more than six years since April 2005, hence you may now file a new Chapter 7 case.
Question: I filed a Chapter 13 case last May 1, 2009. When can I file a new Chapter 13 case in order to obtain a discharge?
Answer: You may be able to file a new Chapter 13 case if you filed an old Chapter 13 case as long as you have been discharged at least two years in that old Chapter 13 case. In your case you have more than two years since your discharge, hence you may now file a new Chapter 13 case.
Question: I received a discharge from my Chapter 7 case last December 2011. I received a Notice of Trustee Sale last January 10, 2012. Can I file for Chapter 13 to stop the foreclosure?
Answer: Yes. You can file a Chapter 13 immediately after your Chapter 7 discharge to stop the foreclosure of your home. Although you may not receive a discharge on this new Chapter 13 because you need at least six years to get a discharge, the judge may not dismiss your case to allow you to stop foreclosure and make a payment proposal to the court. While the chapter 13 is pending in the court, the foreclosure will be stopped.
Note: This is not a legal advice.