How ofter can you file Chapter 7 bankruptcy? Does the clock start from filing date or discharge date?
Wendy T asked:
If an attorney or paralegal can site Code sections, that would be great! Also, it would be in the state of Florida.
If an attorney or paralegal can site Code sections, that would be great! Also, it would be in the state of Florida.
If you have had a previous Chapter 7 bankruptcy ANY time in your life, you will need to disclose it, and the bankruptcy judge may not have a sympathetic ear, and there is a huge possibility that you may not be allowed to file it again.
The clock starts from the time it was discharged.
The most recent change in bankruptcy laws, have made it extremely difficult for people to file for it twice, and it borderlines impossible unless you have had a major life event…and overspending or losing a job doesn’t qualify.
To answer your questions in order.
1. Every 7-years.
2. The clock starts at the discharge date.
3. State doe’s not matter, bankruptcy is Federal law not State.
Having answered your questions, I must agree with the first poster, unless you have had a major live change under the new bankruptcy laws it’s next to impossible to file chapter 7 twice. You can however file chapter 13.
Don’t listen to the first answer you got. The Chapter 7 trustee doesn’t have a say regarding if you can file another bankruptcy it’s all determined by statute. The clock begins running at the time of your discharge. You can’t get a discharge in another Chapter 7 for eight years and a discharge in Chapter 13 for four years. Check out 11 USC §727(a)(8) for the code section.