Filing prior to the 8 year waiting period will result in the denial of discharge in the second case and you will be legally liable for all of your debts.

What happens if you file Chapter 7 bankruptcy again?

If you file for bankruptcy again prior the time limits, then you will not be entitled to a discharge, and your remaining debts will survive the bankruptcy. Chapter 7 Bankruptcy – If you have received a discharge in a previous Chapter 7 Bankruptcy, then you must wait 8 years from the date you filed your previous Chapter 7 Bankruptcy to file again.

When do I need to file bankruptcy in California?

It is now January 1, 2012 and you want to file for bankruptcy. If you decide to file now, you would have to use California exemptions because you were domiciled there for the relevant 180-day period prior to your bankruptcy (which is July 1, 2009 through December 31, 2009). What Happens If You Don’t Qualify for Any State’s Exemptions?

Can a person file for bankruptcy again after a discharge?

If you have filed for bankruptcy before and received a discharge then the bankruptcy code specifies when you can file bankruptcy again and obtain a discharge. If you did not get a discharge in your previous bankruptcy case then you can file for bankruptcy again without consideration of the time limits described below.

Is there a waiting period for Chapter 7 bankruptcy?

If you didn’t receive a discharge, and your case was dismissed, then, there’s no waiting periods. For an individual that has filed for chapter 7 bankruptcy, and is looking to file for chapter 7 bankruptcy again, it’s 8 years between filing dates.

Is there a waiting period for a second bankruptcy?

Here are the waiting periods when a second bankruptcy case is a different chapter than the one you received your first discharge in. If the court granted your first discharge under Chapter 13 bankruptcy, you’d need to wait six years (from the Chapter 13 bankruptcy filing date) before filing for a Chapter 7 discharge.

How often can you file bankruptcy under the same chapter?

Filing Under the Same Bankruptcy Chapter: Chapter 7 and Chapter 13. Here are the timeframes if you plan to file the same bankruptcy chapter that you filed the first time: You’ll have to wait eight years after the filing date of the first Chapter 7 case before filing the second case.