Call Today 888.488.8513
Our Blog Offers the Information You Need Let Us Help You Light Your Path to Financial Recovery

How Long do I have to Wait to File Bankruptcy Again? Can I File Bankruptcy Twice?

HOW LONG DO I HAVE TO WAIT TO FILE BANKRUPTCY AGAIN? CAN I FILE BANKRUPTCY TWICE?

The hard facts about how many times someone can file bankruptcy.

How Often Can You File Bankruptcy?

If you have filed for bankruptcy before and received a discharge then the bankruptcy code specifies when you can file bankruptcy again and obtain a discharge. If you did not get a discharge in your previous bankruptcy case then you can file for bankruptcy again without consideration of the time limits described below. You can file for bankruptcy twice or even three times, even if you have received a discharge. The key is that you will often have to wait a certain period after you have filed and have received a discharge, to file for bankruptcy again and get a full discharge. If you file for bankruptcy again prior the time limits, then you will not be entitled to a discharge, and your remaining debts will survive the bankruptcy.

AFTER YOU HAVE RECEIVED DISCHARGE IN CHAPTER 7 BANKRUPTCY

Chapter 7 Bankruptcy - If you have received a discharge in a previous Chapter 7 Bankruptcy, then you must wait 8 years from the date you filed your previous Chapter 7 Bankruptcy to file again. For example, if you filed your previous Chapter 7 case on September 25, 2006, you will be eligible to file and receive discharge in another Chapter 7 Bankruptcy as of September 25, 2014. Filing prior to the 8 year waiting period will result in the denial of discharge in the second case and you will be legally liable for all of your debts.

Chapter 13 Bankruptcy - If you have received a discharge in a previous Chapter 7 Bankruptcy, then you must wait 4 years from the date you filed your previous Chapter 7 Bankruptcy to file and a receive a discharge in a Chapter 13 Bankruptcy. For example, if you filed your previous Chapter 7 case on September 25, 2010, you will be eligible to file for Chapter 13 Bankruptcy and receive discharge as of September 25, 2014. Filing prior the 4 year waiting period will result in the denial of discharge and you will be liable for all of your debts. This 4 year time limit only applies if you obtained a discharge in your previous Chapter 7 bankruptcy.

AFTER YOU HAVE RECEIVED DISCHARGE IN CHAPTER 13 BANKRUPTCY

Chapter 7 Bankruptcy - If you have received a discharge in a previous Chapter 13 Bankruptcy, then you must wait 6 years from the date of filing your Chapter 13 bankruptcy to receive a full discharge. For example, if you filed your previous Chapter 13 case on September 25, 2008, you will be eligible to file and receive discharge in another Chapter 7 Bankruptcy as of September 25, 2014. Exception to this 6 year waiting period is if you paid 100% of your unsecured debts or if you paid at least 70% of your unsecured debts and your chapter 13 plan was filed in good faith and with your best effort.

Chapter 13 Bankruptcy - If you have received a discharge in a previous Chapter 13 Bankruptcy, then you must wait 2 years from the date of filing of your previous Chapter 13 bankruptcy. For example, if you filed your previous Chapter 13 case in September 25, 2012, you will be eligible to file and receive discharge in another Chapter 13 Bankruptcy as of September 25, 2014. Filing prior the 2 year waiting period will result in the denial of discharge and you will be liable for all debts that were not paid through the chapter 13 bankruptcy.