Prior Bankruptcy? | Need to File Again? | San Diego Bankruptcy Attorney

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My Bankruptcy Law office will file the documents for Chapter 7 or Chapter 13 directly from my office.  You'll get a pre-bankruptcy review at no extra cost.  This process gives you a very good idea of what chapter can help you the most and what potential problems you might have. Plus our pre-bankruptcy will give you chance to resolved the problem before filing.  

 Not sure if you qualify for a Chapter 7. Free bankruptcy consultation & Pre-filing Bankruptcy. San Diego, CA 619 447-6780

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                   Bankruptcy Attorney David A. Casey,  Attorney for over 20 yrs.  

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 Prior Bankruptcy Filing under 2005 BAPCPA  -  When you can file another bankruptcy.

1.    If you received a chapter 7 discharge, you cannot file another chapter 7 for eight years after discharge.

2.    If you received a chapter 7 discharge, you cannot file a chapter 13 bankruptcy for 4 years after discharge.

3.    If you received a chapter 13 discharge, you cannot file a chapter 7 for 6 years after discharge of chapter 13.

4.    If you received a chapter 13 discharge, you can not file a chapter 13 for 2 years after chapter 13 discharge.

• Common Prior Bankruptcy Questions:   Filed Bankruptcy Before? Most People can fill a chapter 13 even right after a chapter 7. Learn more about Prior Bankruptcy San Diego.

•  Q.  I filed a chapter 7 bankruptcy five years ago.  I received a discharge of my debt.  When can I file bankruptcy again?  I lost my job and can’t pay my current debts.

• A.    In order to qualify for a chapter 7 you have to wait 8 years after filing.

• (Example:  If you filed on November 30, 2005 you can not file a chapter 7 until December 1, 2013.  The second bankruptcy is allowed after eight years has passed)

• Q.      Can I file chapter 13 since I can not qualify for chapter 7?

• A.     You can file a chapter 13 one day after chapter 7 debts have been discharged. This is common when certain liens were served y and the liens were not discharged.  (Not all liens are dischargeable in chapter 7).  Please note you can not get a chapter 13 discharge until four years after you filed a chapter 7.  This is the filing date not the discharge date. 

• In the first example I used November 30, 2005.  This would mean you can discharge your  chapter 13 dischargeable debts any time after November 30, 2009.  Sometimes attorneys call this a chapter 20 since the debtor filed a chapter 7 then a chapter 13 which equals a  “Chapter 20 bankruptcy”.

• Q    Are there other reasons I can not file a chapter 7?    

• YES, if it you filed a chapter 7 bankruptcy and it was dismissed within the last 180 days.

• The most common reasons are:

• (1.)   If you filed a chapter 7 or chapter 13 and it was dismissed for cause;  

• (2)   Debtor violated a court order or;

• (3)   A creditor asked from a relief from stay and you then dismissed the chapter 7 case.

• Q.  I filed to discharge my business debts in a chapter 13 and it was dismissed since it was a corporation.  Can I file chapter 7 now?

• Most of the time the answer is yes, unless the court dismissed it for cause.  However, the relief from stay (stay is part of the bankruptcy protection from certain creditors taking action against you) may be shorter than normal or we might have to file a motion to continue the stay.

• There are many more issues involving prior bankruptcies.  If you are considering bankruptcy and have a prior bankruptcy please give my law office a call.

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Filed Bankruptcy Before? | When Can You File Chapter 7, 13 Again?  Even if you have filed Chapter 7 or 13 bankruptcy most chapter 13 is available. Get a free bankruptcy consultation. El Cajon bankruptcy lawyer, (619) 447-6780

Filed Bankruptcy Before? | When Can You File Chapter 7, 13 Again

Even if you have filed Chapter 7 or 13 bankruptcy before  most  debtors can still qualify for chapter 13. Get a free bankruptcy consultation with Attorney David A. Casey. San Diego bankruptcy lawyer, (619) 447-6780

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Prior Bankruptcy? | Need to File Again? | San Diego Bankruptcy Attorney

You Don't have to go Downtown San Diego for a Bankruptcy Attorney

We are a debt relief agency. We help people file for relief under the Bankruptcy Code.