Personal Bankruptcy when to file

[WILLIAM MERRILL]

Jurisdiction

California

i will be filing a chapter 7. how long should i wait to file. i have some debts that haven't hit my credit report yet...

 

[adjusterjack]

File when it suits you. Your debts don't have to be on your credit report to be included in your bankruptcy list of debts. You already know the details.

 

[Tax Counsel]

i will be filing a chapter 7. how long should i wait to file. i have some debts that haven't hit my credit report yet...

I disagree with Jack that you can file "when it suits you." I rather think Jack is not all that familiar with details of bankruptcy proceedings. The issue of timing of your petition depends on a lot of things and I don't know the details of your situation. It matters if you filed bankruptcy in the past and if so, when you were discharged from that last bankruptcy. It matters what kinds of debts you have and how old they are. It also matters what assets and income you have and what bankruptcy exemptions you can claim. For example, if you plan to include any federal or state income tax liabilities then you need to wait 3 years from the date the return was filed AND at least 240 days from the last assessment of tax for that year to be able to discharge it. File your bankruptcy too early and you don't get that discharged. Each kind of debt has its own rules. You would do well to consult a bankruptcy attorney on this. If you have a situation in which the timing really does matter and you either file too early or too late, that can cost you a lot.

 

[zddoodah]

will be filing a chapter 7. how long should i wait to file.

How long after what? You've provided us with zero relevant facts about your situation, so if I tell you five years and someone else tells you three months, what value will that be to you?