Can I File Chapter 7 if I Have Previously
Filed a Chapter 7 or a Chapter 13?

  Hopefully, bankruptcy will be a once in a lifetime experience for you, but sometimes circumstances dictate otherwise.  Although the rules have changed during the last few years, you are allowed to file a Chapter 7 even if you have previously filed a bankruptcy before.

Chapter 7 After a Previous Chapter 7

  The Bankruptcy Code provides that you must wait eight (8) years from the date of your prior Chapter 7 filing if you want to file a Chapter 7 now and receive a discharge.  Thus, if you think that you need to file a second Chapter 7, you must know the date that you filed before.

  Ironically, this eight year limitation on a second filing means that recently discharged Chapter 7 debtors will likely receive credit card solicitations immediately after discharge.  You are a better credit risk when you come out of bankruptcy because you do not have the option to file again for so long.

Chapter 7 After a Previous Chapter 13

  The Bankruptcy Code provides that you must wait four (4) years from the date your Chapter 13 was filed before you can file a Chapter 7 and receive a discharge.

  If you are not sure about the date your prior case was actually filed, your attorney can most likely look up the docket report online for your prior case.  Further, your credit report will also show the date of your prior filing, although a docket report from your old case is more reliable.