If you filed for bankruptcy in 1999 when can you file bankruptcy again?

%REPLIES% Answer Six years from the time your previous filing was discharged. However, BK courts are taking a closer look at those who have filed multiple times. A 13 can be filed (or amended) at anytime Answer Not to split hairs, but you can actually file a Chapter 7 anytime after 6 years from the date on which the prior case was FILED (not discharged).

See 11 U.S.C. 727(a)(8) which says the debtor can receive his or her Chapter 7 discharge unless "the debtor has been granted a discharge under this section, under section 1141 of this title, or under section 14, 371, or 476 of the Bankruptcy Act, in a case commenced within six years before the date of the filing of the petition So, the Bankruptcy Code says you can re-file 6 years after the prior case was commenced (filed), not 6 years after discharge. Nikki also makes a good point that Courts are scrutinizing multiple filings (so that while the Bankruptcy Code doesn't list how many times a person can file, the Courts will not allow serial filings if they think the debtor is abusing the system) As Nikki also pointed out, you can file a Chapter 13 pretty much anytime so long as no other case is pending and so long as, again, the Court doesn't think you're abusing the system If the new bankruptcy reform law is passed, Congress is considering changing the 6-year waiting period to 8 years Please note that nothing in this posting or in any other posting constitutes legal advice; this is simply my understanding of the facts, which I do not warrant, and I am not suggesting any course of action or inaction to any person.

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