How often can you file chapter 7 bankruptcy in california

Skip to content Skip to primary sidebar. Chapter 7 Bankruptcy -If you have previously filed a Chapter 7 bankruptcy and received a discharge in your previous case then you can file for bankruptcy again and you can be entitled to another discharge in the following situations: Chapter 7 Bankruptcy — If you need to file for Chapter 7 Bankruptcy after you have filed a previous Chapter 7 bankruptcy and received a discharge then you need to wait 8 years from the date you filed your previous Chapter 7 bankruptcy.

If you file prior to the 8 years, then you will be denied a discharge. If you are denied a discharge, then you will still be legally responsible for your debts. You start to count the 8 years from the date you filed your previous Chapter 7 bankruptcy. If you filed your previous Chapter 7 bankruptcy in July of , then you are eligible to file again and get a discharge in July Chapter 13 Bankruptcy -If you need to file for Chapter 13 bankruptcy after you have obtained a discharge in a previous Chapter 7 bankruptcy then you will need to wait 4 years to obtain a complete discharge.

In order to discharge your credit card debts, medical bills and personal loans you need to wait 4 years from the date you filed your Chapter 7 bankruptcy. If you file within 4 years of your previous Chapter 7 bankruptcy, then your unsecured debts will not be discharged.

This time limit only applies if you obtained a discharge in your previous Chapter 7 bankruptcy. As an example, you could file Chapter 7 bankruptcy to eliminate most of your unsecured debt.

At some point down the road, you could file Chapter 13 bankruptcy, which would allow you to reduce certain payments, eliminate a second mortgage, removal all junior liens and pay off specific debts more quickly than without filing. A bankruptcy court can prohibit you from filing another bankruptcy case if the court dismisses your previous bankruptcy with prejudice. If this happens, a bankruptcy court can prohibit you from filing for another bankruptcy for a longer period of time than those specified above.

A court is also able to forever preclude you from discharging debts that might have been discharged in the case that was dismissed with prejudice. Have you previously filed for bankruptcy relief and are now wondering if you are eligible to file again? Call , or contact our firm online to arrange a free consultation. Our bankruptcy professionals meet with clients from a. Weekend appointments are also available.

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Note that the clock on the eight years begins with your original filing date, not with the discharge date. And, in theory, you can file for bankruptcy the next day after the first Chapter 7 discharge, but a second discharge will not be permitted until eight years have passed. Successive Chapter 13 Cases. As such, Chapter 13 filers are expected to establish a repayment plan lasting between three to five years with their creditors.

The waiting period for filing a second Chapter 13 bankruptcy is much shorter at two years. In the instance that you would like to file a different type of bankruptcy the second time around, the rules will differ:. Chapter 7 then Chapter Consumers must wait four years from the original filing date of a successful Chapter 7 case to be eligible for a discharge under Chapter 13 in a second bankruptcy.

Chapter 13 then Chapter 7: Consumers must wait six years from the original filing date if the court granted a discharge under Chapter 13 to be eligible for a Chapter 7 discharge. Much like first bankruptcies, second bankruptcies are public record and will remain on your credit report for up to 10 years.

This means that you may have two bankruptcies on your credit report simultaneously depending on how long you wait between filings. However, your credit score after bankruptcy will begin to improve after your discharge as you rebuild your financial profile by paying your debts on time.

In California, there are a number of steps to take before you file for bankruptcy, including mandatory credit counseling. Filing for bankruptcy is a serious financial decision, but there is life after bankruptcy and you can recover stronger than before. Ignoring the debt is not the answer, as this misguided strategy can have major legal consequences. Instead, consult with a qualified bankruptcy attorney in California to guide you through the process.

Contact our experienced bankruptcy attorneys in Los Angeles to receive a free case review. It is our mission to, with this in mind, highlight and provide the most accurate, helpful, and relevant information possible. Any content that is put up on the website is reviewed for clarity, style, and legal accuracy prior to being posted on our site.