How to File for Bankruptcy a Second Time

If you find yourself overwhelmed with bills after filing for bankruptcy in the past, you are not alone. Unfortunately, the path to rebuilding after bankruptcy is not easy, and many people find themselves in dire straits again.


So is it possible to file for bankruptcy a second time? If so, what are the stipulations?


Filing for Bankruptcy for a Second Time


It is possible to file for bankruptcy again, but you will have to wait a certain time with each option. Let’s break it down:


Chapter 7 Bankruptcy Again: If your debts were forgiven the first time you filed for Chapter 7, you would need to wait 8 years from the time that you filed in the past.


Chapter 7 Followed by Chapter 13: You must wait 4 years to file for Chapter 13 Bankruptcy after a Chapter 7 filing. This only applies if you hope to receive a discharge of debt. If you would like to file for Chapter 13 without receiving a discharge, then you do not have to wait 4 years. This could apply if you would like a more forgiving payment plan from creditors or are trying to avoid a foreclosure.


Chapter 13 after a Dismissed Chapter 13: If your original Chapter 13 Bankruptcy was dismissed involuntarily, there is no waiting period for filing again with new circumstances and evidence to present.


Chapter 7 after a Chapter 13 with a Discharge: You must wait 6 years to file for Chapter 7 Bankruptcy after a Chapter 13 Bankruptcy that included a discharge of debt. There are exceptions to this waiting period. For example, suppose you have paid your creditors in full according to the agreed-upon payment plan during the Chapter 13 Bankruptcy. In that case, you may be eligible to file a Chapter 7 Bankruptcy earlier than 6 years.


If you want to know more about filing for bankruptcy for a second, third, or fourth time, Miles & Hatcher, LLP can help. We will guide you through the process and set you on the right path to avoid bankruptcy in the future. Call to schedule a free consultation: (909) 481-4080.

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