If you are struggling to pay your bills, you are not alone. There are many hardships people face that cause them to fall behind on their bills. As a Staten Island bankruptcy lawyer, many clients ask us, “How many times can I file for bankruptcy?” If you find yourself back in a bad financial situation after already claiming bankruptcy before, you are not alone. Your ability to file bankruptcy will depend on a few factors. Some of the factors that need to be considered if you are thinking about filing bankruptcy again are: (1) when was my previous bankruptcy petition filed (2) what chapter of bankruptcy did I previously file and (3) what chapter of bankruptcy am I looking to file now. The Bankruptcy code stops people from filing numerous times in a short period. The Bankruptcy Code limits when individuals can get a discharge and be afforded protections under the automatic stay. Below we will discuss when you can refile your Staten Island bankruptcy.
How long Do I Need To Wait Before Filing Another Bankruptcy in Staten Island, NY
The bankruptcy code limits individuals from refiling a bankruptcy by looking at when a debtor previously filed their bankruptcy and what chapter they are looking to file now. This is referred to as the 2-4-6-8 Rule, which takes into consideration which chapter you previously filed and the bankruptcy chapter you want to file in Staten Island today.
Here are the rules for filing another Staten Island bankruptcy:
Filing a Chapter 7 Case after you filed a previous Chapter 7 bankruptcy
- The Bankruptcy Code requires that you wait eight years between the date you filed to receive a discharge,
Filing A Chapter 7 bankruptcy after you filed a Previous Chapter 13 Bankruptcy
- The Bankruptcy Code requires that you wait six years from the date you filed your last bankruptcy petition to receive a discharge.
Filing a Chapter 13 bankruptcy case After you filed a Previous Chapter 7 Bankruptcy
- The Bankruptcy Code requires that you wait four years between both filing dates to receive a discharge
Filing a Chapter 13 bankruptcy After you Filed a Previous Chapter 13 Bankruptcy
- The Bankruptcy Code requires that you wait two years between filing dates to receive a discharge.
Can I Still Be Protected Under the Automatic Stay if I File Another Bankruptcy in Staten Island?
If you filed a Staten Island bankruptcy petition previously, this can impact whether you can receive the protection from the Automatic Stay again. The Automatic Stay is one of the strongest tools given when filing a Staten Island bankruptcy. The Staten Island Automatic Stay prevents creditors from being able to go after you. This can stop creditors from starting any foreclosure actions, wage garnishments, or bank levies.
An individual will only be afforded the full protections under the Automatic Stay during their first filing. After that, the Court will be base whether or not an individual can get an automatic stay again by looking at (1) how many times the debtor has filed a bankruptcy petition and (2) if the debtor’s bankruptcy petitions were in good faith. The first rule to be aware of us that if you filed a Staten Island bankruptcy in the last year, the Automatic Stay will only last 30 days. (see 11 U.S.C. section 362). For example, if you filed bankruptcy to stop the sale of your home once and that case was dismissed and you decide to refile another bankruptcy case, it will only stop the creditor from foreclosing on your home for 30 days. Fortunately, however, you can file a motion requesting the Bankruptcy Court to keep the automatic stay in place for longer than 30 days. Depending on your circumstances and the judge, they may allow you to extend the automatic stay. Extending the automatic stay is important for individuals who are trying to save their homes from foreclosure. Without an automatic stay in place, the bank can continue foreclosing on your Staten Island Real Estate.
Aside from these rules, it is important to understand that multiple bankruptcy filings can be deemed as fraud. If you continue to file Chapter 13 bankruptcy petitions to stop a sale of a property when you have no means to pay your mortgage or debts this can be deemed as a frivolous bankruptcy filing.
There are exceptions, to some of these bankruptcy rules. A good Staten Island bankruptcy lawyer can help you determine if you would be eligible to file another bankruptcy petition. If you are thinking about refiling your bankruptcy petition and have any questions about the bankruptcy discharge or automatic stay contact Karra L Kingston Esq. at 973-979-9078 or email us at karra@klkbankruptcylawyer.com