It sometimes becomes necessary to file bankruptcy more than once. As an experienced bankruptcy attorney will tell you, while unfortunate, it is not rare. The need to refile often occurs as the result of unexpected circumstances, such as a job loss or medical expenses.
A question we are often asked is “Can I file another Chapter 7 or Chapter 13 bankruptcy and get my new debts discharged?”
The general answer is you can file as many bankruptcy cases as you want unless a bankruptcy court has issued an order stating that you cannot. However, to get a discharge of your debts you might need to wait a certain period of time before filing again.
How Often Can I File a Bankruptcy?
How often you can file for bankruptcy and get your debts eliminated with a discharge depends on several factors.
What Type of Bankruptcy Discharge Did You Receive:
Your Prior Bankruptcy Was a Chapter 7 Bankruptcy
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Chapter 7 to Chapter 7:
If your prior bankruptcy was a Chapter 7 bankruptcy and you received a discharge, you cannot file another Chapter 7 and receive another discharge for 8 years from the date your prior case was filed.
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Chapter 7 to Chapter 13:
If your prior bankruptcy was a Chapter 7 bankruptcy and you received a discharge, you can file a Chapter 13, but cannot receive another discharge if the case is filed within 4 years from the date your prior bankruptcy was filed.
Your Prior Bankruptcy Was a Chapter 13 Bankruptcy
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Chapter 13 to Chapter 7:
If your prior bankruptcy was a Chapter 13 bankruptcy and you received a discharge, you cannot file a Chapter 7 bankruptcy and receive a discharge for 6 years from the date your prior bankruptcy was filed.
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Chapter 13 to Chapter 13:
If your prior bankruptcy was a Chapter 13 bankruptcy and you received a discharge, you can file again, but cannot receive another discharge if the case is filed within 2 years from the date your prior bankruptcy was filed.
Your Previous Bankruptcy was Dismissed
- If your previous bankruptcy was dismissed (not discharged) there are different rules that apply depending on several factors including whether the bankruptcy dismissal was voluntary or involuntary. This can be complicated so it is important to speak with an experienced bankruptcy attorney.
What If I Don’t Wait to Refile for Bankruptcy?
If you don’t wait the aforementioned amount of time to file another bankruptcy, you will likely not be able to have your debts discharged, which is often the reason to file in the first place. Further, filing too quickly after your last discharge might open you up to a dismissal of your bankruptcy case which further hinders your ability to file a future bankruptcy.
Sometimes you might still benefit from filing a Chapter 13 case immediately after getting a Chapter 7 discharge. This is usually called a Chapter 20 bankruptcy. This is because a discharge is not the only function of a Chapter 13 bankruptcy. A Chapter 13 plan can also be used to pay both secured and unsecured debts over time, which does not depend upon getting a discharge. Additionally, you can use a Chapter 13 bankruptcy to save your home when the mortgage is in arrears.
Contact Us for Help Now
If you need to file another bankruptcy, contact Levitt & Slafkes, P.C. for advice and guidance you can trust. The attorneys at Levitt & Slafkes, P.C. have experience you can rely on, and we care about our clients.
The initial consultation is free. Call us at 973-323-2953, or contact us online to schedule your consultation.
We are proudly designated as a debt relief agency by an Act of Congress. We have proudly assisted consumers in filing for Bankruptcy Relief for over 30 years.