Have you filed bankruptcy in the past and find yourself in a situation where you need to file again? It is not uncommon to inquire how soon can I file Chapter 7 again. In fact, bankruptcy law does allow for repeat bankruptcy filings. However, there may be waiting periods before you become eligible to file Chapter 7 again. If you need to find out how soon can I file Chapter 7 again contact a bankruptcy attorney in Tampa for assistance. Many bankruptcy law firms in Tampa will offer a free initial consultation.
How Soon Can I File Chapter 7 Again If I Filed Chapter 7 in the Past
If you previously filed Chapter 7 (or Chapter 11) and now want to file another Chapter 7 case, you must wait 8 years from the commencement date of your previous Chapter 7 case before you can file another Chapter 7. See Bankruptcy law 11 U.S.C. § 727. However, determining how soon can I file Chapter 7 is not that straight forward. For instance, “Commencement date” is the day you filed your bankruptcy petition with the court. For example, if you previously filed Chapter 7 on October 1, 2008, and want to file Chapter 7 again, then you would have to wait until October 1, 2016, or later to file your new Chapter 7 petition. So, you would have to count back 8 years from the day you want to file Chapter 7 to determine if you have waited long enough since your last Chapter 7 case.
How Soon Can I File Chapter 7 Again If I Filed Chapter 13 in the Past
If you previously filed Chapter 13 (or Chapter 12) and now want to know how soon can I file Chapter 7 again, you will likely have wait 6 years from the commencement date of your previous Chapter 13 case before you can file Chapter 7. See bankruptcy law 11 U.S.C. 727. The same date calculation applies as described in the paragraph above.
There is an exception to this situation, though: if you paid your previous Chapter 13 payment plan in full, or you paid 70% of your payment plan in good faith and with your best effort to complete the plan, then you do not have to wait at all to file Chapter 7. A bankruptcy lawyer can help you determine whether or not you will have to wait the full 6 years to file Chapter 7. Most often, a bankruptcy lawyer can help you determine how long you have to wait to file Chapter 7 again during an initial consultation.
Tampa Bankruptcy Law Firm
If you are having a difficult time meeting your financial obligations Florida Law Advisers, P.A. may be able to help. Florida Law Advisers, P.A. is a customer service oriented firm committed to providing personalized attention and dedicated legal counsel. Our Tampa bankruptcy lawyers have years of experience helping people just like you solve their financial problems and obtain a fresh start. For a free, confidential initial consultation contact us today at 800 990 7763 or complete the free case review inquiry on our website.