2020 Best Invention

"Can I File A Chapter 7 Before 8 Years" Discussion

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool


Compiled by Upsolve Team

Live Community Q&A

763 Members Online · 5,543+ Posts

Professional Q&As for "Can I File A Chapter 7 Before 8 Years"

Upsolve Community Member
2021-12-27

I filed BK more than 15-20 years ago will this be an issue?

2 Reactions

Community Replies:

Upsolve Community Member
This is a good question. You can file more than one bankruptcy in a lifetime. How many times depends on how long it's been since your last bankruptcy case and what type of bankruptcy you filed. Here is an Upsolve article on this topic. https://upsolve.org/learn/how-often-can-you-file-bankruptcy/

Upsolve Community Member
Generally speaking, if you previously filed Chapter 7 and want to file Chapter 7 again- it's 8 years from the day you originally filed 

Upsolve Community Member
Erin shared an article that has all of the different combinations- hope it helps! 

Upsolve Community Member
2022-01-20

flied in 2014 can i file now

4 Reactions

Community Replies:

Upsolve Community Member
Sheila, thanks so much for asking! It depends on exactly when you filed- generally speaking, if you originally filed Chapter 7 and plan to file Chapter 7 again, the rule is 8 years from the day you initially filed 

Upsolve Community Member
This article explains this further! https://upsolve.org/learn/how-often-can-you-file-bankruptcy/ 

Upsolve Community Member
Hi Sheila! You might also be interested in the article https://upsolve.org/learn/file-bankruptcy-twice/. Let us know if you have any more questions and we'll do our best to help! 

Upsolve Community Member
2021-12-10

Can I file Chapt 7 twice within a 5 yr period?

Community Replies:

Upsolve Community Member
Cynthia, this is a great question. Bankruptcy law has rules that limit how often a person can file. To file Chapter 7 bankruptcy again, the rule is 8 years after the date a person initially filed. 

Upsolve Community Member
There's more information in this article! https://upsolve.org/learn/how-often-can-you-file-bankruptcy/ 

Upsolve Community Member
It's different if a person filed a different chapter originally, that article explains all the different combinations! 

Upsolve Community Member
2022-01-12

yes i want to file a chapter 7 and i know i am exempt from having to take the means test but how do i know if i will qualify to have my home included in that and stop the property tax default foreclosure on it and it is family owned and i have lived in it for 8 years but not in my name

2 Reactions

Community Replies:

Upsolve Community Member
Chapter 7 may not help you stop a foreclosure. The fact that the house is not in your name is also hugely significant. Your best bet for saving your family home from a https://upsolve.org/learn/tax-foreclosure/ is likely talking to a lawyer that knows property tax lien issues in your state. 

Upsolve Community Member
2021-09-28

Does anyone else here have student loan debt that feels that it should be included in discharge? It angers me that I have $140 in student loans, make less than $50k a year, and know that I will never be able to pay the money back.

7 Reactions

Community Replies:

Upsolve Community Member
100% agree! It's important to remember that it IS possible to discharge student loans in bankruptcy, but it's not impossible! Just check out https://www.cbsnews.com/news/student-loan-debt-bankruptcy-mis-loe/.

Upsolve Community Member
I 100%% agree with you. Whether the loans are federal or private. I am in the same boat. But if you have ever had a co-signer supposedly the debt goes to them. But I am not sure on that, Just what I was told.

Upsolve Community Member
Hi, Andrea! The link shared doesn’t work. Can you resend? Also, what is the process for discharging student loans post chapter 7 discharge?

Upsolve Community Member
Hmmmm, let me try the non-fancy version of the link: https://www.cbsnews.com/news/student-loan-debt-bankruptcy-mis-loe/

Upsolve Community Member
The process is the same both before and after the discharge is entered: Adversary Proceeding to show the court that it's either not a student loan (and therefore qualifies for discharge) or that it would be an https://upsolve.org/learn/bankruptcy-eliminate-student-debt/ not to discharge the student loan.

Upsolve Community Member
Hi, @Andrea W. My case was discharged today. I can still file an adversary proceeding? Or do I have to wait 8 years to file BK again? I can't afford no lawyer and wouldn't know how to start. Thank you!


It's easy to get help

Choose one of the options below to get assistance with your bankruptcy:

Free Web App

Take our screener to see if Upsolve is right for you.

Take Screener
9,136 families have filed with Upsolve! ☆
or

Private Attorney

Get a free bankruptcy evaluation from an independent law firm.

Find Attorney

Learning Center

Research and understand your options with our articles and guides.

Go to Learning Center →

Already an Upsolve user?

Read Support Articles →

News

    + Show Articles

    Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Spun out of Harvard Law School, our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can’t access their basic rights when they can’t afford to pay for help. Combining direct services and advocacy, we’re fighting this injustice.

    To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.