Is it Possible To File Bankruptcy Again?

Posted By By  |  
Business people meeting

If you filed bankruptcy in the past and are struggling with debt, you are not alone. Thousands of people
file bankruptcy each year. With any change in the economy or a loss of job prospects its possible you
find the need to consider bankruptcy again.
The common misconception is that you can only file bankruptcy a limited number of times, but this is
not accurate. Depending on when you last filed bankruptcy, there are rules about the type of
bankruptcy relief available to you the second time around.

Chapter 7 After Chapter 7 Discharge

Under Federal bankruptcy code, a debtor cannot receive another Chapter 7 discharge if he or she
received a Chapter 7 discharge in the previous eight years. The eight year time is calculated from the
date the original bankruptcy was filed. If, on the other hand, the prior case was dismissed or you did not
receive a discharge, this rule may not apply and you would be eligible to file another Chapter 7 without
any requirement to wait the eight years.

Chapter 13 After Chapter 7 Discharge

If a debtor received a Chapter 7 bankruptcy discharge and is considering a Chapter 13, the minimum
time period is half as long as it is for a second Chapter 7. Under the bankruptcy code, you must wait 4
years from the date the Chapter 7 was filed before filing a Chapter 13.

Chapter 7 After Chapter 13

Generally you may be eligible to receive a Chapter 7 discharge if it is filed six years from the date that
the previous Chapter 13 was filed. However, this time period does not apply if you (1) paid back all of
your unsecured claims under the previous Chapter 13 plan; or (2) paid at least 70 percent of the
unsecured claims under the previous Chapter 13 which was the best effort given financial situation. If
either of these exceptions apply, it may be possible to receive a Chapter 7 discharge without having to
wait the six years.

Chapter 13 After Chapter 13

Debtors do not have to wait long between filing Chapter 13s. The bankruptcy code allows debtors to file
another Chapter 13 if you two years have passed since the date of filing for the first Chapter 13.

Always Consult An Attorney

If you filed bankruptcy in the recent past and are considering filing another one, its important that you
contact an experienced bankruptcy attorney. In addition to makingsure you comply with eth Bankruptcy
Code in determining your eligibility for the different types of bankruptcies, we can advise you which
type of bankruptcy would be best for your current situation.