Q: In 2009 I had a total discharge Chp 7 bankruptcy. Can I file bankruptcy again due to job and income loss?

A: You can file a chapter 7, but you will not receive a discharge, so the filing would put another bankruptcy on your credit report and would give you no relief. You can file for relief under chapter 13 of the bankruptcy code and receive a discharge. The rule on when a new case can be filed is as simple as 2, 4, 6, 8.

2 years: ch 13 to ch 13

4 years: ch 7 to ch 13

6 years: ch 13 to ch 7

8 years: ch 7 to ch 7

If you filed a chapter 7 or a chapter 13 the first time and five years has passed, then you can file for relief under chapter 13 and receive a discharge. However, I have had clients tell me that they filed their prior case a certain number of years, but upon checking, the time period was much less than the client thought. You need to check your prior filing to make absolutely sure that you have the time between cases right. If you own no nonexempt assets and your income and expenses establish that your disposable income is low enough, then you may be able to propose a plan that pays a very small percentage to unsecured claims or possibly propose to pay $0.00 to unsecured claims.

You should meet with an experienced bankruptcy attorney that handles chapter 7 and chapter 13 cases. You may discover that a chapter 13 would be your best option even if you could file a chapter 7 and receive a discharge. Most bankruptcy attorneys will meet with you at no charge for the initial appointment. You can use the Justia "Find a Lawyer" link at the top of this page to search for an attorney.