Legal Question in Bankruptcy in Ohio

Chapter 7 Bankrupcty how often can you do a chapter 7? Is it 7 years

Asked on 1/27/10, 10:45 pm

1 Answer from Attorneys

David Michael Benson Benson Law Firm

If you filed and received a discharge in a prior chapter 7 case, you have to wait 8 years after the filing of the prior chapter 7 before you can file another chapter 7 case.

You are eligible to file a chapter 13 case at any time. There is no waiting period. However, if you file the chapter 13 case within 4 years of the date you filed the prior chapter 7, you will not receive a discharge in the chapter 13. Thus, you could use the chapter 13 to catch up on mortgage arrears and save your house, but the chapter 13 won't ultimately discharge any debt obligation, including credit cards.

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Answered on 2/02/10, 8:02 am

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