Can I File Bankruptcy Again?

You have filed bankruptcy before and are thinking of filing bankruptcy again.  There are several factors that affect this such as  how long has it been since you last filed for bankruptcy, the type of bankruptcy that you originally filed, the type of bankruptcy that you want to file now and how much of your debts were discharged in your previous filing.

You may file bankruptcy as many times as you want if you are eligible, however the bankruptcy code imposes waiting periods or time limits on dischargeable debts.

Different types of bankruptcy have different eligibility requirements.   There are some cases where you cannot file for bankruptcy.  If your previous bankruptcy case was dismissed because you willfully disobeyed an order of the bankruptcy court or requested dismissal of the case yourself because a creditor was released from the automatic stay, you cannot file for bankruptcy for at least 180 days.

You are eligible to file for bankruptcy after you have previously filed.  A very important question is whether you are eligible for debt discharge or not. Your debts can only be discharged after a certain period of time since your last bankruptcy filing,  when you file for a Chapter 7 or Chapter 13 bankruptcy.  There are many reasons to file  for bankruptcy apart from having certain debts discharged,  although this is one of the main reasons why people file bankruptcy.  So the critical factor to consider even if you are eligible to file bankruptcy is whether you are eligible for debt discharge after filing for bankruptcy previously.

Waiting periods or time limits are imposed by the bankruptcy code in Chapter 7 and Chapter 13 bankruptcies on debt discharges.  With a Chapter 11 or Chapter 12 bankruptcy your debts can be discharged as often as you file bankruptcy. If you received discharge in a Chapter 7 or Chapter 11 bankruptcy and you file a Chapter 7 bankruptcy again, you have to wait eight years before getting debt discharge. If you want to file a Chapter 13 bankruptcy and you have filed a Chapter 13 bankruptcy previously,  you have wait two years before you can get debt discharge. If you want to file a Chapter 13 bankruptcy and you have filed either a Chapter 7, Chapter 11 or Chapter 12 previously,  you have to wait four years.  It can be difficult to understand. The waiting periods are calculated from the time you file your previous bankruptcy and not from the time you received discharge from certain debts.

It i advisable to consult an experienced and competent bankruptcy attorney before you consider filing bankruptcy again. There many limitations when filing for bankruptcy after you have filed before. Our experienced debt relief lawyers have helped many individuals with filing bankruptcy again. Schedule your free initial consultation today. 

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