Legal Question in Bankruptcy in Indiana

How Long

How long do you hae to wait in the State of Indiana to file for bankruptcy a second time?


Asked on 8/30/04, 2:25 pm

2 Answers from Attorneys

E. Brian Davis Davis Law Office

Re: How Long

The answer is, of course, "it depends." If you filed and received a discharge in a Chapter 7, you must wait six years to file another Chapter 7 (you could file a Chapter 11, 12, or 13 right away). If the bankruptcy was dismissed by the court "with prejudice" due to the debtor's failure to do something that is required, you might have to wait six months. And if the bankruptcy judge entered any specific orders barring re-filing for a period of time (such as for a person who filed multiple petitions in a short time), you would have to follow the court's order (or appeal).

Otherwise, you can file.

Read more
Answered on 8/30/04, 2:51 pm
C. David DuMond Law Offices of David DuMond

Re: How Long

A Chapter 13 case (where you pay a regular amount that you can easily afford to the Chapter 13 trustee) can be filed almost anytime. But to file a Chapter 7 case, you have to wait six years after the date of your last discharge. The discharge date is about four months after the filing date. (There are many, but rare, exceptions.) Lots of lawyers, including me, offer a free consultation to review your circumstances.

Read more
Answered on 8/30/04, 3:31 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Indiana