Legal Question in Bankruptcy in Arizona

Statute of Limitations for Chapter 7 Bankruptcy

I assume you filed for a Chapter 7 bankruptcy in 1994. If that is the case then you cannot file another Chapter 7 bankruptcy for six years from the date of the filing of the previous one. If you filed a Chapter13 in 1994 you can now file a Chapter 7. You could file a Chapter 13 bankruptcy at this time.

Subsequent bankruptcy

If you received a Ch. 7, 12 or 13 discharge in the '94 bankruptcy, you cannot receive a Chap. 7 or 11 discharge in a case filed within 6 years of the commencement of the prior case, unless the prior case was a Ch. 12or 13 AND your plan paid 100% of the unsecuredclaims, or 70% and was in good faith and was your best effort. See 11 U.S.C. � 727 (a)(8-9). Note that Mr. Coffey's response is not entirely correct in this respect. Note that you can technically file a new case, and you will get the benefit of the automatic stay while the case is pending, but you will not get a discharge and you will have to turn over non-exempt property to the trustee.

You can, however, file and receive a dischargein a Chap. 12 or 13 case with no waiting period after the prior case, as long as your doing so is in good faith.

How Often Can You File for Bankruptcy?

You can file for Chapter 7 bankruptcy once every six years. The six years start running from the date of discharge in the previous bankruptcy.

You can also file a Chapter 13 case at any time; there are restrictions on a discharge if the six-year period hasn't passed.

Brett

Repeat Banktuptcies

You can file Ch 13 immediately after a chapter 7 (affectionately known as chapter 20), but must wait six years from the first filing date to file a chapter 7. Good luck.