Asked: 2023-02-26T01:52:08+00:00 In:

Can You File for Bankruptcy if You Have Filed Before?

Anonymous

Can you file for bankruptcy if i already did? if no so what is the next step!

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2 Answers

  1. Best Answer

    You can get one Chapter 7 bankruptcy case every eight years and receive a discharge.   The discharge is the final court order in a consumer Chapter 7 bankruptcy which makes collection impossible.   Remember some debts like child support, drunk driving accidents, and income taxes less than three years old are non-dischargeable.

    You can always file a Chapter 13.  There are periods you have to wait, from filing one bankruptcy and getting the discharge until you can file again and get another discharge.  My website, http://www.bankruptcy-divorce.com, lists how long you must wait in a table.

    You can file Chapter 13 at any time.  Chapter 13 is the tool for catching up on a mortgage over time.   If you don’t need the discharge and just need to manage the most difficult debts, such as tax or student loan debt, Chapter 13 is the tool.

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  2. Pundit

    You can file for bankruptcy if you have filed before, but the timing and type of bankruptcy you can file for may be limited. Here are some additional points to consider:

    • If your previous bankruptcy case was dismissed, you may be able to refile immediately. However, if your previous case was discharged, you must wait a certain amount of time before filing again.
    • If you are filing for Chapter 7 bankruptcy after a previous Chapter 7 discharge, you must wait eight years from the date of the previous filing to file again.
    • If you are filing for Chapter 13 bankruptcy after a previous Chapter 13 discharge, you must wait two years from the date of the previous filing to file again.
    • If you want to file for Chapter 13 bankruptcy after a previous Chapter 7 discharge, you may be able to do so immediately.
    • If you want to file for Chapter 7 bankruptcy after a previous Chapter 13 discharge, you must wait six years from the date of the Chapter 13 filing to file again.
    • It is important to note that bankruptcy laws can vary by state, so it is important to consult with an experienced bankruptcy attorney who is familiar with the laws in your jurisdiction
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