If you have previously filed a Chapter 7 or Chapter 13 case and you are struggling financially again, you are probably wondering if you will be allowed to file another bankruptcy. In short, you can file a second bankruptcy case, but there are some limitations. Typically, if your previous bankruptcy case was dismissed and you did not receive a discharge from the court, then you can file a new bankruptcy case at any time. Below is a summary of the other scenarios for filing a second bankruptcy: First case was a Chapter 7 If your first case was a Chapter 7 bankruptcy and you received a discharge from the court: •you cannot file another Chapter 7 case and receive a discharge for 8 years from the day your first case was filed. •you cannot file a Chapter 13 bankruptcy and receive a discharge for 4 years from the day your first case was filed. First case was a Chapter 13 If your first case was under Chapter 13 and you received a discharge from the court: •you cannot file a Chapter 7 bankruptcy and receive a discharge for 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. A “Chapter 20” is not actually a chapter under the bankruptcy code. It generally refers to a debtor who files a Chapter right after a Chapter 7 case is completed. When you file a Chapter 13 after a Chapter 7 without waiting four years, a discharge is not granted in the Chapter 13 case. However, there are other benefits that might help your financial situation. If you are planning to file a second bankruptcy, contact Levitt & Slafkes, P.C. for advice and guidance you can trust. We are bankruptcy lawyers who know how to make a difference in your financial situation. The attorneys at Levitt & Slafkes, P.C. have experience you can rely on and we care about your results. Contact our New Jersey law firm online by filling out the form or by calling 973-323-2953 to schedule a free initial consultation.
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