Legal Question in Bankruptcy in California

Filing Bankruptcy a second time.

Can you file Bankruptcy a second time after your first Bankruptcy has been discharged and it has been almost 6 years since then? Or you can never file another Bankruptcy?


Asked on 8/04/04, 8:13 pm

2 Answers from Attorneys

Gary Fraley California Bankruptcy Attorneys

Re: Filing Bankruptcy a second time.

I am concerned about your statement that it has been "almost" 6 years. First, if it was a Chapter 7 straight bankruptcy, you have 2 options. One would be to do a Chapter 13 reorganization now (if you qualify). The other would be to wait until it has been 6 years from the filing of the prior Chapter 7 case then file a new Chapter 7 case. If you filed a Chapter 13 reorganization (which I doubt is the case based on your question)and was either (a)dismissed or (b)completed and paid your creidtors 70%, you can file a Chapter 7 case now. You can find out more about bankruptcy law on my website at ca-bankruptcy-attorneys.com. I am a California state bar certified bankruptcy specialist. I handle cases statewide and offer a free attorney consultation by phone.

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Answered on 8/07/04, 2:17 am
Mark Markus Law Office of Mark J. Markus

Re: Filing Bankruptcy a second time.

It depends on what chapter you are talking about. You can file a chapter 13 anytime. You can file another Chapter 7 case if 6 years have passed since the filing date of your last Chapter 7 case in which you received a discharge or a Chapter 13 case in which you received a discharge and paid at least 70% of your unsecured claims.

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Answered on 8/04/04, 8:18 pm


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