But, the Bankruptcy Code also limits how the debtor can use the automatic stay in such situations. One of the many duties of a bankruptcy judge or trustee is to protect the bankruptcy courts against serial filers. Although there are no specific time frames set forth within bankruptcy law, this decision is made by the preceding judge or trustee on a case-by-case basis. Some of the more common occurrences include:. If you had one prior bankruptcy case pending within the previous 12 months dismissed, you could probably file a second case, but the automatic stay will last for only the first 30 days of the latter case.
Creditors will have to stop their collection actions, but only for 30 days. After that, the automatic stay will naturally end unless you get court approval to extend. If you had two cases pending within the previous 12 months, you might be allowed to file a third case, but the automatic stay will not go into effect at all unless you ask the court to impose it. To determine if you deserve the automatic stay, the court will look at several factors including:.
Even if your prior cases were more spread out more than just the last 12 months, you might not be home free. Your bankruptcy trustee , the Office of the U. Trustee a component of the Justice Department , and your creditors will scrutinize all your prior cases to determine if you are trying to take advantage of the system. For example:. Dave and Margaret filed a Chapter 13 case in This wasn't their first case. Their prior cases include:. In each case, the automatic stay was not affected, but after the latest case was filed, the Chapter 13 trustee asked the court to dismiss the stay for serial filing.
Dave and Margaret will likely have to go into court and testify regarding the reasons for filing and dismissing both of the previous Chapter 13 cases. We will gladly go over your options and see how we can proceed. Skip to content. Can You File for Bankruptcy Twice? So, let us get started. Understanding the Different Types of Bankruptcy Before we dive into the details of how often you can file for bankruptcy, let us have a quick overview of the two main types of bankruptcy that you can file.
Filing Under the Same Bankruptcy Chapter Here are the exact time-frames if you decide to file the same type of bankruptcy you filed last time.
Filing under Different Chapters When you want to file a second bankruptcy case under different chapters, the time-frame depends on what you had initially filed. The typical waiting periods are as follows: a. Chapter 13 Bankruptcy to Chapter 7 Bankruptcy If you had previously filed for Chapter 13 bankruptcy and now want to file for Chapter 7 bankruptcy, you must wait for at least six years. Chapter 7 Bankruptcy to Chapter 13 Bankruptcy You can also file for a Chapter 13 bankruptcy just after receiving your Chapter 7 bankruptcy discharge, but you will not be eligible to receive a Chapter 13 discharge in your second case.
Facebook Comments. Leave a Comment. Free Subscription. Legal Giant. Recent Posts. So, someone who successfully discharges their unsecured debts through Chapter 7 can file a Chapter 13 bankruptcy to pay off tax debts or other types of debt that survived the prior case. If you previously filed a Chapter 13 case and received a discharge and are looking to file a Chapter 13 case again, you have to wait at least two years from the filing date of the first case before filing the second case.
This is pretty rare. The minimum length of a Chapter 13 repayment plan is 3 years. Receiving a discharge before completing a 3 year plan is possible only if an unexpected hardship makes completing the plan impossible. Upsolve Community Member If the time of service was after your case was filed, it's considered Hello Laura, This is a good question.
If I filed chapter 7 in February , when can I file chapter 7 again Only a bankruptcy lawyer can give you legal advice about how soon your second bankruptcy can be filed. If you are in between bankruptcy filings and unable to file another bankruptcy, you may have to consider other debt-relief options like debt consolidation or debt settlement. These alternatives can be tricky to navigate, so start by getting a free evaluation of your financial situation through credit counseling.
Also, remember that most law firms handling bankruptcy matters offer free consultations. In short, you can file more than one bankruptcy in a lifetime. How many times depends on how long it's been since your last bankruptcy case. If you previously filed a Chapter 7 bankruptcy and want to file Chapter 7 again, the time period is eight years from when you last filed. If you filed Chapter 7 and want to file a Chapter 13, the time period is four years from when you filed Chapter 7.
If you filed a Chapter 13 and want to file another Chapter 13, the time period is two years from when you last filed. This 4 year time limit only applies if you obtained a discharge in your previous Chapter 7 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, , you will be eligible to file and receive discharge in another Chapter 7 Bankruptcy as of September 25, 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, , you will be eligible to file and receive discharge in another Chapter 13 Bankruptcy as of September 25,
0コメント