Legal Question in Bankruptcy in Florida

I filed with my ex-husband for bankruptcy - liquidation of everything, about 8 years ago. I'm divorced and legally changed my name back to my maiden name, can I file for bankruptcy now?


Asked on 6/14/10, 5:13 pm

2 Answers from Attorneys

Robert Wilcox Wilcox Law Firm

The rule is that you may not get a discharge in a second Chapter 7 case if you received a discharge in an earlier Chapter 7 case filed within the past 8 years. The crucial dates are the dates of filing.

If that 8 years has not passed, you are eligible to file a Chapter 13 case after 4 years after the original Chapter 7 case was filed.

The change in your name and the divorce do not affect any of these dates.

Good luck.

Robert Wilcox

(904) 281-0700

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Answered on 6/15/10, 5:26 am
RP Hartley Hartley Law Firm, PLC

If you filed a Ch 7 bankruptcy last time, you can file another Ch 7 bankruptcy 8 years after you STARTED your last bankruptcy. For more info on the new bankruptcy law see our web page at

www.HelpHomeDebt.com or for a free office appointment , call Hartley Law Firm at our Clearwater office 727-461-4707

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Answered on 6/15/10, 12:10 pm


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