Legal Question in Bankruptcy in Indiana

How many years from 1st bankruptcy can you file again?

Hello, I have a question and searched to find an answer, but cannot find one.

I was just wondering how many years apart can an individual file for Chapter 7?

If a person filed chapter 7 in 1997, when is the soonest they can file chapter 7 again?

Is it 6, 7 or 10 years apart?

Thank you so much.


Asked on 3/17/03, 6:03 pm

3 Answers from Attorneys

Samuel Hasler Samuel Hasler

Re: How many years from 1st bankruptcy can you file again?

Six years from the date of discharge.

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Answered on 3/18/03, 2:25 pm
Eric Southward Southward & Haggard

Re: How many years from 1st bankruptcy can you file again?

Under the current bankruptcy laws, you are allowed to file a Chapter 7 six (6) years from the date you filed your last chapter 7 bankruptcy. For example, if you filed for chapter 7 bankruptcy protection on 04/01/1997, you would be eligible to file a new chapter 7 on 04/02/2003. Please make sure if you re-file that you tell you attorney exactly when you last filed. We have the ability to go on-line and verify that information.

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Answered on 3/17/03, 7:54 pm
C. David DuMond Law Offices of David DuMond

Re: How many years from 1st bankruptcy can you file again?

If the previous Chapter 7 resulted in a discharge (the normal result) and not a dismissal, then a person can file another Chapter 7 bankruptcy petition six years after the discharge date (which is usually about four months after the filing date.) A person should be cautious about a second bankruptcy, though, because that could really put a crimp in your credit, far worse than a single bankruptcy. One could consider an appointment with a non-profit counselling agency like Consumer Credit of Central Indiana. They can work deals with your creditors to knock off late fees and penalties, even reduce principal balances. No fee to you for counselling; they take a percentage of the amount you pay. It's like an unofficial Chapter 13. If you have wages or other source of earned income, you can file a Chapter 13 petition almost anytime. Good luck.

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Answered on 3/17/03, 9:12 pm


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