HELPING GOOD PEOPLE THROUGH HARD TIMES

A Second Time?

As with most things involving the bankruptcy law filing a second time can be complicated. I have set forth the general rules but if you have filed a bankruptcy case  before contact me for an opinion as to whether you will have any problems re-filing.

Filing a Chapter 7:

You can file Chapter 7 again if it has been more than 8 years since you filed the previous Chapter 7 or 11 bankruptcy and if a discharge was received in the earlier case.

You cannot receive a discharge in a Chapter 7 if you received a discharge in a Chapter 12 or 13 bankruptcy which was filed within 6 years before the present case is filed.

Filing Chapter 13

You cannot receive a discharge in a Chapter 13 if you received a discharge in a Chapter 7,  11 or  12 bankruptcy case which was filed within 4 years before the present case is filed.

 In some circumstances a Chapter 13 may be of significant benefit even if a discharge will not be received.

You cannot receive a discharge in a  Chapter 13 if you received a discharge in a Chapter 13 which was filed within 2 years before the present case is filed.

IMPORTANT RULES

You may not file any bankruptcy if you filed a previous bankruptcy which was dismissed in the preceding 180 days either

(1) On the Court's order because of your willful failure to obey orders of the Court or to appear in court when required; or

(2) At your request to dismiss a case after the filing of a request for relief from the automatic stay by a creditor.