Sometimes you have to wait before you are eligible to file for bankruptcy protection. If you’ve filed before, if you’ve recently move to Arizona from another state, you will need to abide by Arizona’s bankruptcy laws.

It used to be that you could file for Chapter 7 Bankruptcy protection once every 6 years.  However, as of October 17, 2005, the new bankruptcy law changed, there is a new time limit for filing a Chapter 7 bankruptcy.  The new law made it so you must now wait eight (8) years from the discharge date of a previous Chapter 7 bankruptcy filing before you can file bankruptcy again.

The new bankruptcy laws of 2005 also provided for a timeline as to how long an individual needs to wait before they can file a Chapter 13 bankruptcy. The time limit for filing a Chapter 13 bankruptcy is four (4) years after the discharge date of a previous Chapter 7 bankruptcy and two (2) years from the discharge date of a previous Chapter 13 bankruptcy.

Another case where waiting to file bankruptcy comes into play is when you move to another state and want to file for bankruptcy. Under the bankruptcy code, an individual may file for bankruptcy in any Court where that individual has resided (or domiciled or where the principal place of business has been located) for the majority of 180 days prior to the filing of the petition or for a longer portion of that 180 days than any other district.  What this boils down to is that if you’ve recently moved to Phoenix or Tucson, Arizona then you will need to wait at least 91 days from the time you moved to file bankruptcy here.

Just because you may have to wait for a period of time before you can file for bankruptcy in Arizona, you shouldn’t wait any longer to see a qualified bankruptcy lawyer in Phoenix or Tucson, Arizona.  If you can’t pay your bills on time or if you are facing foreclosure in any jurisdiction, contact an experienced bankruptcy lawyer today and discuss your bankruptcy options and timelines.  Even if you can’t file for bankruptcy protection right away, it is a great idea to prepare for your future by visiting with a qualified bankruptcy expert.

2012-06-19T03:11:17+00:00 June 19th, 2010|bankruptcy laws, chapter 11, Chapter 13, Chapter 7|

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