What if I filed bankruptcy before? Can I file again? Is there a time period before I can re-file?
Chapter 7 Bankruptcy
If you filed chapter 7 bankruptcy more that 8 years ago, you are eligible to file for chapter 7 and receive a chapter 7 discharge again. If you filed chapter 13 more than 6 years ago, and completed the case and obtained a discharge, then you are eligible for chapter 7 relief.
If you did not complete a chapter 13 case, it was dismissed, then generally a chapter 7 discharge would be available.
Obviously, some cases are unique and need to be discussed at our free consultation as this list is not intended to cover every possible scenario.
Chapter 13 Bankruptcy
If you filed Chapter 7 or 11 bankruptcy more than 4 years ago and received a discharge then you would be eligible for chapter 13 relief. If you filed chapter 13 bankruptcy and received a discharge more than 2 years ago then you could refile a chapter 13 bankruptcy case. All of these dates are counted from the date of the filing of the case and not the date they were discharged.
What if my chapter 13 case was dismissed?
If your chapter 13 case was dismissed within the past year, then you can refile a chapter 13 bankruptcy again. The automatic stay that protects you from collection activities, foreclosure and repossession, will only last for 30 days though. We must immediately file a motion with the court asking for that protection to be extended for the life of the plan and often attend a hearing to describe to the bankruptcy judge why the second case will be successful when the first case was not. This happens within the first 30 days of the case. If you have had 2 cases dismissed in the past year then there is no automatic stay upon the filing of the case and a motion must be filed to re-impose the stay. If there is a pending foreclosure and you have not had a hearing on that motion prior to the foreclosure day, the creditor may continue with the foreclosure.
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