Filing a Second Bankruptcy[/caption]If you are struggling with debt and you want to file a personal bankruptcy, but you have previously filed for bankruptcy protection, it is important to understand how it will impact you. The law allows an individual to file multiple bankruptcy cases, but there are limitations on when the second or third case can be filed. Your ability to file a subsequent bankruptcy case depends on the type of case you filed initially and whether you obtained a discharge of your debts. In most situations, a debtor is allowed to file a new bankruptcy case at any time if the previous filing was dismissed and a discharge order from the court was not granted.
If your first filing was a Chapter 7 bankruptcy and the court granted you a discharge of your debt:
- you can file a subsequent Chapter 7 case and receive a discharge after 8 years from the day your first case was filed.
- you can file a Chapter 13 bankruptcy and receive a discharge after 4 years from the day your first case was filed.
If your first case was under Chapter 13 and the court granted you a discharge of your debt:
- you can file a Chapter 7 bankruptcy and receive a discharge after 6 years from the day your first case was filed.
- you can file another Chapter 13 bankruptcy after 2 years have passed from the time you filed your first case.
Filing multiple bankruptcy cases can be complicated, so it is important to work with a seasoned bankruptcy lawyer.
Diane Anderson understands that the law can be difficult to navigate. Ms. Anderson offers legal advice in plain English, while providing a compassionate and caring environment for her clients. While it may seem scary, she believes that the law does not have to be something to fear, but instead something you can use to empower yourself to build a better, stronger future for you and your family. Contact us today to schedule a comprehensive consultation.