Detroit, MI asked in Bankruptcy for Michigan

Q: How long do you have to wait to file bankruptcy again.

Related Topics:
4 Lawyer Answers

David Earl Phillips

Answered
  • Bankruptcy Lawyer
  • Nashville, TN

A: Chapter 7 filings must be 8 years apart in order to receive a discharge. You count filing date to filing date. You can file a chapter 13 and receive a discharge in that case if it has been 4 years from the prior chapter 7 filing. Again, filing date to filing date. See a bankruptcy lawyer near you to determine if bankruptcy is an option for you. Good luck!

Mark Bredow

Answered
  • Bankruptcy Lawyer
  • Bloomfield Hills, MI
  • Licensed in Michigan

A: II you were in a prior bankruptcy that was dismissed for your failure to appear at court or your failure to follow Court orders, you cannot refile a bankruptcy for 180 days.

Do you want to file a Chapter 7 case? If you received a final discharge in a prior Chapter 7 case, you must wait 8 years from the date you filed the first case, to refile another Chapter 7 case; If you received a final discharge in a prior Chapter 13 case, you must wait 6 years from the date you filed the first case to file another Chapter 7.

Do you want to file new Chapter 13 case? In order to Discharge unpaid debts at the end of your case, you have to wait 4 years from the date you filed your first case, to file the new Chapter 13 and you have to wait 2 years to file a new Chapter 13 case, if you received a final discharge in a prior Chapter 7, 11 or 12 case. But, you may be able to file a Chapter 13 case earlier to save a home from foreclosure, but you won’t get a final discharge of unpaid debts. Consult an attorney.

Robert Keyes

Answered
  • Bankruptcy Lawyer
  • Ypsilanti, MI
  • Licensed in Michigan

A: In addition to what Mr. Phillips said I would add the additional information that it depends whether you are seeking a discharge or whether for example you need to stop a foreclosure or get back a seized vehicle. In those examples you can file a Ch. 13 right away and get caught up on the past due payments (arrearages in bankruptcy speak). You would not get a discharge of other debts but you can keep your house or car if you can get caught up on the overdue payments.

Timothy Denison

Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Eight years between Chapter 7 filings and 180 days if a 13 was dismissed or 4 years after a 7.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.