Which is best for bankruptcy filing in California?

Can you file chapter 13 bankruptcy after filing chapter 7 bankruptcy only 6 years ago in California?

  • Answer:

    Bankruptcy is a FEDERAL case, the state has little difference..... Under the bankruptcy laws effective from October 17, 2005, Chapter 7 cannot be filed unless the debtor was discharged from the previous Chapter 7 or bankruptcy more than eight years ago. The debtor cannot file a Chapter 13 unless: (1) the debtor received a discharge under Chapter 7, 11 or 12 more than four years ago; or (2) the debtor received a discharge under Chapter 13 more than two years ago. That's only a very small part of an answer to your question...there are other ways that may be able to assist you with what's currently going on with your finances that would do less damage to your credit rating. You should do some research. I'm sure you already know how tough it is to improve your rating when you're coming out of a bankruptcy situation.

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