If you are someone who has run into financial problems again and has already filed bankruptcy before but wants to file bankruptcy twice then there are certain things that you need to be aware of. First, let me answer if you can file for bankruptcy twice- the answer is yes you can. However, there are certain waiting times between each bankruptcy filing that you must abide by before filing another bankruptcy petition.
HOW LONG DO I HAVE TO WAIT TO FILE BANKRUPTCY AGAIN? CAN I FILE BANKRUPTCY TWICE?
The hard facts about how many times someone can file bankruptcy.
How Often Can You File Bankruptcy?
If you have filed for bankruptcy before and received a discharge then the bankruptcy code specifies when you can file bankruptcy again and obtain a discharge. If you did not get a discharge in your previous bankruptcy case then you can file for bankruptcy again without consideration of the time limits described below. You can file for bankruptcy twice or even three times, even if you have received a discharge. The key is that you will often have to wait a
certain period after you have filed and have received a discharge, to file for bankruptcy again and get a full discharge. If you file for bankruptcy again prior the time limits, then you will not be entitled to a discharge, and your remaining debts will survive the bankruptcy.
I Filed a Chapter 7 Bankruptcy and Received a Discharge Can I File Again?
If you previously filed a Chapter 7 Bankruptcy and received a discharge in a previous Chapter 7 Bankruptcy, then you can file again. However, you must wait 8 years from the date you filed your previous Chapter 7 Bankruptcy to file again. For example, if you filed your previous Chapter 7 case on June 2, 2008, you will be eligible to file and receive a discharge in another Chapter 7 Bankruptcy as of June 8, 2016. If you decide to file before the 8 years Filing prior to the 8 years you will not be eligible to receive a discharge and will be legally liable for all of your debts.
I Filed a Chapter 7 Bankruptcy Before Can I file a Chapter 13 Bankruptcy Now?
First, let’s talk about if you
Assuming you qualify for a chapter 13 bankruptcy even though you filed a chapter 7 bankruptcy and received a discharge you will be able to file a chapter 14 bankruptcy now. However, if you received a discharge in a previous Chapter 7 Bankruptcy, then you must wait 4 years from the date you filed your previous Chapter 7 Bankruptcy to file and a receive a discharge in a Chapter 13 Bankruptcy. For example, if you filed your previous Chapter 7 case on June 8, 2010, you will be eligible to file for Chapter 13 Bankruptcy and receive a discharge as of June 8, 2014. If you decide to file before the four years you will not be eligible for a discharge and will still be held liable for the debts. It is important to note that the 4-year time limit only applies if you obtained a discharge in your previous Chapter 7 bankruptcy. Thus, if you filed your chapter 7 previously and did not receive a discharge then you will be able to file your chapter 13 bankruptcy sooner.
I Filed a Chapter 13 Bankruptcy Previously But Now I Want To File A Chapter 7 Bankruptcy
If you had filed a chapter 13 bankruptcy and received a discharge but now want to file a Chapter 7 bankruptcy you must wait 6 years from the date of filing the previous chapter 13 bankruptcy.. For example, if you filed your previous Chapter 13 case on June 8, 2008, you will be eligible to file and receive a discharge in another Chapter 7 Bankruptcy as of June 8, 2014. There is, however, an exception to this and that is if you paid your plan in full. If you paid 100% of your unsecured debts or if you paid at least 70% of your unsecured debts and your chapter 13 plan was filed in good faith and with your best effort then you do not have to wait the entire four-year waiting period.
I Filed a Chapter 13 previously and I Want to File another Chapter 13 Bankruptcy.
If you filed a chapter 13 bankruptcy previously and received a discharge, and now want to file another chapter 13 bankruptcy then you must wait two years from the date of filing your previous chapter 13 bankruptcy. For example, if you filed your previous Chapter 13 case on June 8, 2012, you will be eligible to file and receive a discharge in another Chapter 13 Bankruptcy as of June 8, 2014.
I Filed Bankruptcy But My Case was Dismissed how Long Do I Have to Wait to File Again?
If your bankruptcy case was dismissed depending on what the reason is you probably will be able to file for bankruptcy again. However, it is important to note that there may be some limitations on refining your case. For example sometimes when a case is dismissed the automatic stay is only imposed for 30 days instead of the length of the case. Normally, the automatic stay stops creditors from contacting you but the bankruptcy laws state that if you have filed a prior bankruptcy within the last year that was dismissed then the automatic stay will only be implemented for 30 days. In addition, in order to refile a bankruptcy case, you may have to wait 180 days from the dismissal. It is important to speak with an experienced bankruptcy attorney that can look at why your case was dismissed and determine whether you should refile your bankruptcy case.