Legal Question in Bankruptcy in Ohio

if you have allready filed bankrupcy how long do you have to wait before you can file again?

Asked on 4/06/13, 4:13 pm

2 Answers from Attorneys

Frank Rozanc Frank J. Rozanc, Esq.

If it was a chapter 7, you must wait 8 years. If a completed Chapter 13, you must wait 4 years.

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Answered on 4/07/13, 12:16 pm
David Michael Benson Benson Law Firm

If you intend to file a Chapter 7 case:

1. If you received a discharge in the first Chapter 7 case, you have to wait 8 years from the filing date before you can file another 7.

2. If you received a discharge in a prior Chapter 13 case, the time limit depends on whether you paid back more than 70% of your unsecured debt in the prior case. If you did, there is no waiting period. If you did not, you have to wait 6 years after the filing of the 13.

3. If you did not receive a discharge, there is no waiting period.

If you are planning to file a Chapter 13 case (which is complicated, so please do not do this alone):

1. If you received a discharge in a prior chapter 7 case, you can file under chapter 13 case at any time. However, if you file the 13 within 4 years of the date you filed the 7, you will not receive a discharge. (Some do this anyway to catch up on a mortgage arrearage.)

2. If you received a discharge in a prior Chapter 13 case, there is a 2-year waiting period but since nearly every 13 takes longer than 2 years to complete, this rule rarely applies.

3. As with filing under Chapter 7, there is no waiting period if you did not receive a discharge in the prior case.

- BensonBankruptcy.com

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Answered on 4/08/13, 5:59 am


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