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Interval Between Bankruptcy Cases
Cathleen Cooper Moran

Q. 

I had a bankruptcy discharged in February, 2002. Can I file Chapter 7 again in February 2008?

-- Anonymous

A. 

The answer depends on what kind of bankruptcy you filed in which you got a discharge in 2002. In figuring the necessary time between bankruptcy filings, you count from filing date of the prior case to filing date of the new case.

The bankruptcy amendments of 2005 provide for the following intervals:

  • Chapter 7 to new Chapter 7: 8 years
  • Chapter 7 to new Chapter 13: 4 years
  • Chapter 13 to new Chapter 13: 2 years

    -- Cathleen Cooper Moran






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