I've Previously Filed Bankruptcy. When Can I File Again?
Here's a great article written by Michael Doan at The Bankruptcy Law Network that discusses when you can file bankruptcy again after a previous case. Here in California, if you're married and you filed your previous case as an individual, without your spouse, then your spouse can file his/her bankruptcy anytime. Remember that these rules only apply to the Debtor who filed the bankruptcy case, not any non-filing spouse.
I agree with Attorney Doan's "Nutshell" synopsis,
"The time frames between discharge eligibility are as follows:
8 years between 7s. -727(a)(8)
2 years between 13s. -1328(f)(2)
4 years between a 7 and 13 -1328(f)(1)
6 years between a 13 and 7(if under 70% plan). -727(a)(9)
The time is counted from filing to filing — not from first discharge to second filing."
This information has become more important now than ever before in the history of our country because of the current economy. Be sure to consult with your bankruptcy attorney about your situation. All is not lost. In most cases you can still get the relief you deserve.
