Can I file chapter 7 again?

[nal1234]

[AngelinaCatHub]

In a word; NO. You MIGHT be able to go bk13, but you have eight years that you cannot get your new start over again. Sorry.

Please read all the stickies on the C7 forum and you can easily Google these rules. 'Hub

[nal1234]

Hub, thanks for the response. I did read the stickies but must have missed the answers to my specific questions regarding if it's 8 years from the date you filed or the date you were discharged. I have googled and googled and and was getting conflicting information about that. I also read on avvo.com that you could file before 8 years have passed but that it wouldn't be discharged until 8 years have passed. I'm hoping someone might have more information on that.

The attorney I used last time is on vacation until the end of the month so I can't consult with him until then.

[AngelinaCatHub]

New law applies. Count eight years from the FILING DATE of the earlier bankruptcy to find when you can file another Chapter 7. So you appear to be eligible to file another Chapter 7 in September of 2010.

http://www.avvo.com/legal-answers/filed-chapter-7-under-old-bankruptcy-law---refile--92363.html

Hope this helps. 'Hub

Edit: 09/03/2011

[StartingOver08]

Is your main concern the car repo? Or are you looking to get rid of the IRS debt, car loan and other debt?

You might consider filing a Ch 13 since you have old IRS debt that you have been paying. Is the IRS debt more than 3 yrs old? HHM has an excellent sticky on the qualifications required to discharge old IRS debt. You can file a Ch 13 if it has been more than 4 yrs since your last BK filing. Ch 13 might also be better for you if you have a 2nd mtg on your townhouse that you can strip (don't know your situation as you did not mention the townhouse debt).

Are you upside down in your townhouse? Are you thinking of dumping it or keeping it?

[nal1234]

Hub-
Thanks for finding that link. That clarifies a lot.

Starting Over- Thanks for your help! My main concern is the car. Getting rid of the credit card debt would be nice too. My 2009 return will wipe out what I owe for 2006 and a large chunk of 2007 so I don't know if 13 would help with that. I don't have a second on my house. With my loan mod, they tacked on the delinquent amount so I'm about 12k under water on my house. I would like to keep my house because rent in my area is close to my mortgage payment. My biggest concern with my car is that they will repo it before I hit the 2.5 year mark and it can't be crammed down.

I was looking at 13 but according to the means test I have a negative each month, not including the car loan. Would this mean I can't qualify for 13? I have not filed for any type of bk since 9/03. Off to read more about 13.