Debt and Bankruptcy
Bankruptcy Law

How long after filing a bankruptcy can you file again?


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2010-04-01 16:15:40
2010-04-01 16:15:40

This is the question I get from every one of these clients. Fortunately, the answer is YES! However, when the bankruptcy laws were changed in 2005, various waiting periods were imposed. In every case, you can file bankruptcy again; it's just a question of how long you have to wait.

Four Important Notes About Filing a Second Bankruptcy Case

The first important note you need to know is that the waiting period starts from the date you filed your prior bankruptcy petition and ends on the date you filed your second bankruptcy petition.

The second important note is that you only have to wait if you received a discharge in your prior case. If you did not receive a discharge, you can file immediately. For example, if you filed a Chapter 13 bankruptcy case, and it was dismissed because you were unable to make payments, you do not have to wait at all to re-file a second case (provided, of course, that you meet other necessary criteria - speak to an attorney about this).

The third important note is if your prior case was a Chapter 13 bankruptcy case in which you paid back your unsecured creditors at least 70%, then you do not have to wait at all.

The final important note is that the waiting period does not prevent you from filing again; it just prevents you from getting a discharge. You can still file without waiting - you just do not get the benefit of the discharge. Why would you do this? If the sole purpose of re-filing is to stop foreclosure, you probably do not need to wait several years, as you still get the benefit of the bankruptcy stay in a Chapter 13 case as well as the ability to cure arrears with a payment plan.

The Waiting Periods Are 2, 4, 6 and 8 Years

Two Years

If your prior case was a Chapter 13 bankruptcy case and your new case will be Chapter 13, then the waiting period is only two years.

Four Years

If your prior case was a Chapter 7 bankruptcy case and your new case will be Chapter 13, then the waiting period is four years.

Six Years

If your prior case was a Chapter 13 bankruptcy case and your new case will be Chapter 7, then the waiting period is six years.

Eight Years

If your prior case was a Chapter 7 bankruptcy case and your new case will be Chapter 7, then the waiting period is eight years.

Important Note for homeowners in foreclosure: Even if you do not qualify to file again based on the above criteria, you can still file for Chapter 13 if the primary concern is curing mortgage arrears. In this instance, you will not receive a Chapter 13 discharge, but you will be able to cure all of your mortgage arrears and stop foreclosure.

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Related Questions

You have to wait eight years after filing for Chapter 7 and 4 after filing for Chapter 13.

It would depend on the circumstances and which country you are filing in.

If it is a Chapter 7 Bankruptcy, you have to wait 8 years before you can file it again.

can you stop wage garnishment from your wages if you file bankruptcy

8 years between discharge of bankruptcy to re-file.

You are not prevented from moving as a result of filing bankruptcy. Filing bankruptcy is not a crime.

chapter 7 filings 8 years from the time of discharge and the time for filing a chapter 13 after a chapter 7 discharge 4 years.

Yes, after a bankruptcy has been discharged (a 10 year period if chapter 7 was filed), the possibility of filing bankruptcy again is open. If you live long enough, you can file several times. This gives new meaning to the phrase, "Live long and prosper."

Assuming it is federal bankruptcy, 8 years, the same in every state.

You do not have to be unemployed to file bankruptcy.

Filing for bankruptcy is a long process, but not hard. Simply take 7 forms (1 original and 6 copies) of your bankruptcy petition to the bankruptcy court in your area. The clerk should handle the rest and tell you exactly what to do from this point.

It takes most folks about a month to file and a total of about five months from intake to discharge. Of course, much depends on how responsive you are to your bankruptcy attorney's requests for documents and other information.

You can file again in 8 years. You can only file Chapter 7 once every 8 years. You could file a Chapter 13 or vice versa but not the same chapter.

This is an incorrect assumption that leads many people to avoid filing for bankruptcy. They fear that a bankruptcy will ruin their credit for a long time and that they will not be able to use credit, rebuild their credit or purchase a home in the future. The reality is that the majority of the people who are considering bankruptcy, already have poor credit, due to late payments, repossessions and foreclosures. Further, most people who file for bankruptcy can rebuild their credit to a relatively good level after two years. This depends significantly on what they do after filing for bankruptcy. It is important that you work toward rebuilding your credit after filing for bankruptcy.

when i file a business bankruptcy are nsf checks covered?payroll and to vendorsBefore filing for bankruptcy, remember that it remains in record for 10 long years. Meet good financial lawyers to be able to handle this issue properly. I know financial experts who offer free consultation regarding bankruptcy and other legal matters. Better consult them for advice so you will be guided. Filing for bankruptcy is not an easy thing to handle so better seek for legal advisers who will help you all throughout.

AnswerPrior to actually filing for bankruptcy, the amount of time to prepare the paperwork will vary dependingg on the complexity of your case. Once you have filed a Chapter 7, you will probably receive your discharge in about 3.5 to 4 months. After you file, you will attend a meeting of creditors in about 4-6 weeks where you will answer questions by the bankruptcy trustee and possibly creditors. You are eligible to receive a dishcharge 60 days after the conclusion of the meeting of creditors unless one of your creditors files legal action to try to prevent you from receiving a discharge. By day 62 or 63, the bankrupty court should mail you a copy of the discharge order in the mailUsually when filing bankruptcy takes time to process.It is long proces when filign bankruptcy. Once you filed bankruptcy already then you should wait normally 8 to 10 years before you can file again.

You have to wait 8 years before you can file Chapter 7 again. (Before the new bankruptcy law passed in 2005, you could file every six years.) For Chapter 13 reorganization, you can file more often than that, but you can't have more than one case open at the same time.

Bad credit is not the only disadvantage to filing for bankruptcy. The most obvious disadvantage of filing for bankruptcy is that it will ruin your credit for at least 7-10 years. Some other disadvantages include:* Losing credit cards* Losing non-essential possessions* Inability to obtain a mortgage for some time* Embarrassment* Not all debt will be discharged

A bankruptcy has nothing to do with your ability to marry. You can marry at any time.

As a general rule, you file Chapter 7 bankruptcy in a dire financial emergency, where the level of debt is overwhelming and beyond your ability to reasonably pay it off. Most Bankruptcy attorneys advise that $10,000 is the min. amount of debt that anyone should have before consider filing Chapter 7. Anything less, they say, is probably manageable There are a lot of myths and misunderstandings about filing for Chapter 7. One of them is that filing will clear your credit report and give you good credit does not. You get a "fresh start" in that private debts will get discharged, so you do not have to pay them. But your credit score and rating will go down the tubes, and will take a while to recover. This means that you will have a very difficult time when applying for any loans in the future. So you should think long and hard before filing bankruptcy and only do it in cases of financial calamity or emergency. For more on the specific filing procedures and bankruptcy laws of your state, you may want to visit

the answer is yes, Yes mother and daughter can file bankruptcy jointly and also you and your husband will file bankruptcy jointly is still accepted as long as its not same sex marriage.

If you buy a used car with cash before filing a chapter 7 bankruptcy, How long do you need in between purchase and filing to keep the vehicle if the vehicle meets exemption in a state?

When you file a Chapter 7 bankruptcy, you have the option to keep your home and 1 vehicle. If you are able to make the last 2 payments on the car, you can keep it and not include it in the bankruptcy.

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