When Can I File Bankruptcy Again?

When Can I File Bankruptcy Again?

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So you’ve filed for chapter 7 bankruptcy way back when, and you’re looking to file again to get the help of bankruptcy protection, and get rid of debts that have piled up since. You may be asking, “When can I file bankruptcy again?”

Can I File Multiple Bankruptcies to Discharge New Debts?

OK, back to the question – how long do I have to wait to file bankruptcy again? There’s a lot of confusion and general statements about how long you have to wait to file bankruptcy again.

There’s a reason for that – the time you have to wait to file for bankruptcy again depends on the type of bankruptcy you filed before! Since we’re talking about filing for chapter 7 bankruptcy, we’re going to answer the question through that lens.

Different Time Limits Depending On Your Previous Bankruptcy Chapter

To begin, you can file a new bankruptcy even when you filed a previous bankruptcy.  This is actually pretty common since many people incur new liabilities, like unsecured debts and credit card debts, after their first case.  While the hope is that their financial situation changes, for many people their monthly income just doesn’t change, and they can’t keep up with their new delinquent debts from unsecured creditors.

While the Bankruptcy Code do allow you to file subsequent bankruptcies, the rules require that you wait a period of time between cases.  To understand the waiting periods, you have to start with examining what was the previous chapter of the earlier case.

If you previously filed a CHAPTER 13 case (which includes a repayment plan) and obtained a discharge in that bankruptcy, then you have to wait 6 YEARS from the date of discharge in that chapter 13 bankruptcy to file a chapter 7 case.

Now, and probably more relevant to many readers, if you previously filed and obtained a discharge in a CHAPTER 7 case, then you have to wait 8 years from the date of discharge in that case to file a chapter 7 case.

Really important in that is that it has to be from the date of discharge, not the date you filed your previous case.

So, now that you know how long you have to wait to file bankruptcy again, you can check out the date of discharge from your prior case and start planning your next filing.

If I Filed Earlier Bankruptcies, Will A New Filing Stop Collection Efforts of My Consumer Debts?

If you’re concerned that a subsequent filing will only stop collection and enforcement of only certain kinds of debts, you’re not alone.  There are a lot of people that believe that filing bankruptcy again means that the automatic stay and discharge apply to only certain types of debts.

This is not correct.  If you file a new bankruptcy case and have waited the appropriate period of time, then the discharge applies as normal, regardless of the type of debt. 

Nondischargeable, priority debts, like child support payments, student debt, or certain unpaid tax debts, remain nondishargeable.  

Setting those nondischaregable debts aside, the discharge will apply to all your other normal consumer debts, like medical debts, credit card debts, unsecured loans, and so on.

Do You Want To Take Advantage of Another Filing and Get Your Bankruptcy Discharge of Debt?  Contact the Law Office of Richard Kistnen, Your Bankruptcy Attorney

If you’re thinking about filing bankruptcy and have other questions, be sure to check out and join the Bankruptcy Facebook Group called, “I’m Thinking About Filing For Bankruptcy and I’ve Got Questions.”

As discussed in this article, you can file bankruptcy even if you’ve had multiple bankruptcy filings.  It’s important, though, to have an experienced bankruptcy attorney guide you through a subsequent bankruptcy process to avoid any pitfalls.

Even more, if you don’t want to wait to file your bankruptcy again, and you’re ready to get your debt discharge under chapter 7, then get in touch with the Law Office of Richard Kistnen right now using the contact info below.

Law Office of Richard Kistnen

128-22 Rockaway Boulevard

South Ozone Park, NY 11420

Tel.: (718) 738-2324

Email: [email protected]

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