Greenville, MS asked in Bankruptcy for Mississippi

Q: Can i file chapter 7 again it has been over six years

In 2008 filed chapter 7 in az moved to Mississippi in 2008 can i file chapter 7 again?

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2 Lawyer Answers
Mr. J. Thomas Black
Mr. J. Thomas Black
Answered
  • Bankruptcy Lawyer
  • Houston, TX

A: You can file again, but you would not be eligible for a discharge in a case filed now.

Under Section 727(a)(8) of the Bankruptcy Code, you cannot receive a discharge in chapter 7 if the case was filed within 8 years of the filing of a prior case under chapter 7.

However, under Section 1328(f)(1) of the Code, you are eligible to file a chapter 13 case and receive a discharge, so long as it has been 4 or more years after the filing of a chapter 7 case in which you received a discharge.

You may be able to accomplish a similar result with a chapter 13 filing. Consult an experienced bankruptcy attorney in your area.

Robert Gambrell
Robert Gambrell
Answered
  • Bankruptcy Lawyer
  • Hernando, MS
  • Licensed in Mississippi

A: You may have heard that you only have to wait 6 years to file a new chapter 7. That is because that was the time limit between chapter 7 filings until the law changed on October 17, 2015. Prior to that date, the time between filings was 6 years. The time period runs from filing date to filing date. If you filed in early 2008, you will have your 8 years in early 2016.

If you have creditors breathing down your neck and there are potential judgments and/or garnishments, you can file a chapter 13 and propose a very small payment if your income and expenses warrant the small payment and stay in the chapter 13 until you have your 8 years, then dismiss the case and file a new chapter 7. However, you will be better served by waiting until you have the 8 years and file only once, but you have that chapter 13 in your back pocket if you need it.

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