Legal Question in Bankruptcy in California

Re: Chapter 7 Bankruptcy

Under the bankruptcy reform legislation passed last year, the time between subsequent Chapter 7 discharges has increased from 6 to 8 years. You would not be eligible for another Chapter 7 discharge until June 2007.

If you cannot wait until June 2007, you have the option of filing a Chapter 13 bankruptcy. A Chapter 13 can be filed if (1) you received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) you received a discharge under Chapter 13 more than two years ago.

If you need the bankruptcy now for some reason (i.e. to stop a foreclosure or wage garnishment), you might be able to file a Chapter 13 now and convert to a Chapter 7 in June 2007. However, this possibility should be discussed with a bankruptcy attorney in your area who is familar with the local court rules.

Re: Chapter 7 Bankruptcy

You do not say in your question when you FILED. As the prior attorney said, you have to wait 8 years, but that is from the date you FILED your prior case, not from the date discharged. You do have the option to file a Chapter 13 reorganization that may still discharge some or most of your debts. Based on your zip code you are in Vallejo which is served by the Eastern District Bankruptcy Court located in Sacramento where I practice. If you would like I would be happy to provide you a FREE, NO PRESSURE attorney consultation in office (Sacramento) or by phone to see if I can help you solve your financial problem. I am not allowed to post a phone number on this response but you can go to my website (ca-bankruptcy-attorneys.com)and get it there. I look forward to talking with you.