I filed Chapter 7 bankruptcy in October, 2005 before the law changed. When am I eligible to file again?

Many people filed chapter 7 bankruptcy right before the bankruptcy law was amended in October of 2005. The new law, the "Bankruptcy Abuse Prevention and Consumer Protection Act" (BAPCPA) now provides that you can file chapter 7 bankruptcy and be eligible for a discharge in a case filed more than 8 years after your last one was filed.

So you would be eligible to file chapter 7 again and receive a discharge so long as you file after your upcoming filing date anniversary, in October of 2013.

Of course you have to qualify to file chapter 7, and not everyone does. One of the main changes brought about by BAPCPA was that if your income is higher than a certain amount based on your family size and other factors, there is a "presumption of abuse" such that you may not be allowed to file chapter 7 bankruptcy. This is the so-called "means test." Consult our firm or other experienced bankruptcy lawyers to learn if you qualify to file chapter 7. For more information go to http://www.jthomasblack.com/practice_areas/houston-chapter-7-bankruptcy-lawyer-j-thomas-black.cfm