How long to file again?

[scarlet91976]

Hello all... I'm new and really am having a hard time getting real information on the new bankruptcy laws.

I had a chapter 7 bankruptcy in Michigan in August 2002. How long until I can file again?

I keep hearing/reading all types of different things. Any help would be great!

Thanks,
Jess

[magyar123]

Probably next August - 2009. Unless they changed that too within the 2005 provisions.

[scarlet91976]

Is it 7 years then? Do you know what Michigan law is as far as the number of years between bankruptcy is?

[magyar123]

It's not a states' issue, it's a federal thing.

[tunskit]

I remember seeing this info somewhere. The 2005 law extended the time to eight years from the date of filing for a previous Chapter 7, and four years from a previous filing (and discharge) of a Chapter 13. I think I remember seeing that if you didn't complete your Ch. 13, for any reason besides fraud, you could file again after 180 days. Of course, you'd still have to wait eight years from the date of a Ch. 7, even if you had a failed Ch. 13 in between. Does that make sense?

[Flamingo]

You filed and were discharged under the Old Law. Under that law, 7 years had to pass before you could file another Chapter 7 (from the date of filing of the first Chapter 7). The new law effective in October 2005 changed that to 8 years. You will need to see since you filed and were discharged under the Old Law if it is a 7 or 8 year period for your particular case.

[HHM]

This is an easy answer, 8 years. And yes, it is a question of federal law, not state law.

Flamingo, when it comes to receiving a discharge in a chapter 7, there is no old law/new law distinction. The 2005 BK act changed the timeline to 8 years regardless of what law you previously filed under.

Thus, in order to receive a discharge, you must wait 8 years from the date of your prior discharge before you can file your next petition.

[JRScott]

Hello all... I'm new and really am having a hard time getting real information on the new bankruptcy laws.

I had a chapter 7 bankruptcy in Michigan in August 2002. How long until I can file again?

I keep hearing/reading all types of different things. Any help would be great!

Thanks,
Jess

August 2010

[Flamingo]

This is an easy answer, 8 years. And yes, it is a question of federal law, not state law.

Flamingo, when it comes to receiving a discharge in a chapter 7, there is no old law/new law distinction. The 2005 BK act changed the timeline to 8 years regardless of what law you previously filed under.

Thus, in order to receive a discharge, you must wait 8 years from the date of your prior discharge before you can file your next petition.

Got it thanks! Wasn't sure of that one - someone posted on here in the past that it was still 7 years if one filed under the old law and not 8 years unless you filed in October 2005.