Bankruptcy Law Question:

Subject: Filed as individual 3 years ago

Question:
Hi. About 3 years ago I filed chapter 7 as an individual because I wasn’t married. Now i’m married and unfortunately got myself into some more debt. Can I file again because my status has changed or do I still have to wait the 8 years?

Answer:
Hi. Unfortunately, you cannot file chapter 7 bankruptcy again until 8 years from the date you filed previously. Your option at this point is to file chapter 13 bankruptcy, where you can pay back at least a portion of the debt. However, if your previous bankruptcy was filed less than 4 years ago, you would not get a discharge at the end of the chapter 13. You should consider waiting until at least 4 years from the date you filed your chapter 7 bankruptcy, that way, you will get a discharge under the chapter 13 bankruptcy when you complete the debt repayment plan.