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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 18588
Experience:  B.A.; M.B.A.; J.D.
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Hi, I filed for bankruptcy in 2005, right before the law changed,

Customer Question

Hi,
I filed for bankruptcy in 2005, right before the law changed, and it was discharged in 2006. How long do I have to wait before I can file again?
Submitted: 4 years ago.
Category: Bankruptcy Law
Expert:  Phillips Esq. replied 4 years ago.
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

What Chapter did you file under?
Customer: replied 4 years ago.

I dont know the chapter but I didnt not have a payment plan. I filed and everything was discharged completely...

Customer: replied 4 years ago.
Relist: Other.
took to long
Expert:  Phillips Esq. replied 4 years ago.

Thank you for the information. It appears that you filed under Chapter 7:



I dont know the chapter but I didnt not have a payment plan. I filed and everything was discharged completely...


Question:
Hi,
I filed for bankruptcy in 2005, right before the law changed, and it was discharged in 2006. How long do I have to wait before I can file again?



Response: 8 years, which would be in 2014. Generally, you can file for a Chapter 7 bankruptcy relief every eight years of getting a discharge from the previous Chapter 7 filing. See 11 U.S.C. Section 109(g); Section 349(a); Sections 727(a)(8), 727(a)(2), and 727(a)(11). You can file for a Chapter 13 bankruptcy relief after four years of getting a discharge from a previous Chapter 7 filing or two years after a previous Chapter 13 bankruptcy discharge. See 11 U.S.C. Section 1328(f).

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