Mclean, VA asked in Bankruptcy for Virginia

Q: I filed bankruptcy and was discharged in 2011. How long do I need to wait to file chapter 7 again.

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Bankruptcy
2 Lawyer Answers
Justin M. Gillman
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Justin M. Gillman
Answered
  • Bankruptcy Lawyer
  • Edison, NJ

A: I assume you filed a Chapter 7 in 2011. You cannot file another Chapter 7 within 8 years after the prior Chapter 7 and receive a discharge. So that would mean 2019 - 1 day after the "anniversary" of your prior Chapter 7 filing. The Bankruptcy Code allows you to file Chapter 7 without a discharge though that would not typically be something that is recommended. Keep in mind, the dates are from filing date to filing date so you would need to review the prior filing and another other issues with an experienced bankruptcy attorney.

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Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: You must wait 8 years before you can file another 7.

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