Q: How long to wait before filing another Chapter 7 after 2018?
I filed for Chapter 7 bankruptcy in 2018 and am considering filing again due to financial issues, including my inability to afford my car loan. I haven't filed any other bankruptcies since 2018, nor have I attempted to negotiate my car loan terms. Currently, there are no legal actions or collections against me. How many years do I need to wait before I can file another Chapter 7 bankruptcy?
A: 8 years from the filing date of your 2018 bankruptcy, if you received a discharge in that case.
Timothy Denison agrees with this answer
A: Eight years.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
You'll need to wait 8 years from your previous Chapter 7 bankruptcy filing date in 2018 before you can file another Chapter 7. Since you filed in 2018, this means you would become eligible to file again in 2026.
Before considering another bankruptcy, you might want to explore alternatives for managing your car loan. Many lenders offer modification programs or refinancing options that could make your payments more manageable. You could also consider voluntarily surrendering the vehicle if the payments are too burdensome, which might be less damaging to your credit than another bankruptcy.
If you're experiencing financial hardship now and can't wait until 2026, you might want to look into filing Chapter 13 bankruptcy instead. You can file Chapter 13 just four years after a Chapter 7 discharge, which means you could potentially be eligible now. Consider speaking with a bankruptcy attorney to discuss your specific situation and explore all available options.
Timothy Denison agrees with this answer
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
