I Filed Bankruptcy in 2010 Can I File Again

We get many calls from prospective and previous clients confused about their options to refile for defalcation following the belch or dismissal of a prior instance. The common questions are:

• How many times can you file bankruptcy? The fourth dimension between bankruptcies varies depending on the type of defalcation your originally filed. You can more often than not re-file for a Affiliate 13 defalcation every 2 years and a Chapter 7 defalcation every 8 years.

• My case was successfully discharged simply I demand assistance again, what can I do?

• Is there a certain period of fourth dimension that I have to wait earlier I can file again?

• Will I be penalized for re-filing?

• Have the laws changed since last time I filed?

Information technology tin can be complicated and unfortunately we accept constitute that some attorneys are actually misinformed themselves about what the rules are for re-filing a Chapter 7 or Chapter thirteen bankruptcy. There are a number of factors that get into how many times you can file bankruptcy. Equally long as you meet the income requirements and were not previously barred by the court, you should be able to refile after a few years. Continue on to read about the differences in refiling for Affiliate 13 vs. Chapter 7 bankruptcies.

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Rules for Re-filing Bankruptcy

Refiling a Chapter 13 Defalcation or Filing a Chapter 13 after a Affiliate vii Belch

Y'all can refile a Chapter 13 at any time as long equally yous come across the income requirements and were not previously barred by the court (this is very rare). By refiling a case, you have full court protection from your creditors, including home foreclosure, vehicle repossession, judgments and garnishments, etc). Depending on the timing of your last case, we may need to take an boosted footstep to ensure that this protection continues. We exercise this by drafting and filing a Motion to Extend Stay. Your income requirements and previous court rulings tin can decide how many times you can file defalcation.

The principal difference when filing a Chapter 13 afterwards a Chapter 7 or refiling a Chapter 13 case is eligibility for a courtroom discharge of debt. A discharge allows you to legally eliminate any unpaid portions of your unsecured debt obligations (such as credit cards, medical bills, personal loans, loan deficiency debt, etc). The timing rules for obtaining a court discharge are:

• iv years afterwards the filing engagement of a Chapter seven bankruptcy you are eligible to receive a discharge if you lot file a Chapter 13 debt consolidation plan.

• ii years after filing a Chapter 13 bankruptcy.
  Again, even if yous are non eligible for a belch based on a previous case filing, you tin still file and benefit from full courtroom protection and reduced debt payments for the programme duration.

Refiling a Chapter 7 Defalcation

Yous can file a Chapter 7 bankruptcy every 8 years from the appointment of your previous Chapter 7 filing appointment. You would need to ensure you nevertheless qualified to file based on other factors such as:

• Total household income;
• Equity and avails in your personal and real holding;

Time Menstruum Between Bankruptcy Discharges

Prior (First) Case:	Chapter seven	Chapter 13
Electric current Type of Case/Chapter	Years Until Next Available Belch
Chapter vii	8 Years	6 years, unless the plan in the prior example paid 70% or more than to unsecured creditors
Chapter 13	iv years	two years

Filing Dates Command: All time periods start and end on the bankruptcy petition filing appointment for each example, except for cases converted from 1 chap ter to some other. The discharge date is always irrelevant.

Consecutive Chapter vii Bankruptcy Cases:

If the debtor receives a Chapter seven belch in the first instance, he/she will not be able to receive a discharge in a after filed Chapter vii case unless at to the lowest degree 8 years pass between the filing of the defalcation petition in the first and second case.

Sequent Affiliate xiii Bankruptcy Cases:

If the debtor receives a Chapter 13 discharge in the first case, he/she will not be able to receive a discharge in a subsequently filed Chapter thirteen case unless at least 2 years pass between the filing of the bankruptcy petition in the first and second case.

Chapter vii Followed by a Chapter 13:

If the debtor receives a Chapter 7 discharge in the first example, and the second case is a Chapter 13 case, he/she will non exist able to receive a discharge in the Chapter xiii case unless at least 4 years pass between the filing of the bankruptcy petition in the first and second case.

Chapter 13 Followed by Chapter 7:

If the debtor receives a Affiliate xiii discharge in the starting time instance, and the 2nd instance is a Chapter vii case, he/she will not be able to receive a discharge in the Affiliate 7 case unless at least 6 years pass between the filing date of the bankruptcy petition in the outset and 2d case.

Reasons for Re-Filing

Chapter xiii

• Previous Affiliate 7 filing: They successfully discharged from a Chapter 7 bankruptcy and need debt relief and court protection once again, but do non qualify to refile a Chapter seven based on discharge timing or other qualifications. You can file a Chapter 13 defalcation immediately afterwards a Chapter vii discharge or dismissal. You are eligible for a Chapter 13 discharge of debts if it has been over four years from the date of your previous Chapter 7 filing.
• Discharge:Their previous example was successfully discharged but they now need aid once more with their debts and/or protection from their creditors. This could be due to:
  • Modify in circumstances, such as an temporary loss of income, under-employment or a lawsuit.
  • Prior case did not or could not address all debt resolution goals. Refiling a bankruptcy is a viable option complete all these efforts.
• Dismissal: The main reason for a Chapter 13 case to get dismissed is due to chronically missed plan payments, failure to announced at the mandatory 341 court hearing (without notice or a valid reason) or missing documentation required by the Trustee or courtroom (such every bit copies of tax returns, pay stubs, etc.)

If you are facing a dismissal of your example, your attorney should be there to support you in this process. Examples of steps our firm takes to ensure a belch and avoid dismissals are:

• Annual case reviews to review payment history and monitor whatsoever changes in circumstances that might warrant a medication of the Affiliate 13 plan.
• Reminder calls and letters to client before all required hearings. If clients have a valid reason for missing a hearing, we promptly file an affirmation with the court to reschedule the hearing.

If you re-file within one year, your attorney is required to file a movement petitioning the court to extend your court protection (the "automatic stay" protection) from creditors (foreclosure, etc.) across a 30 mean solar day flow. The purpose of the "Motion to Extend the Automatic Stay" is to demonstrate that your new instance is filed in adept organized religion. Motions need to be filed on fourth dimension and supported by an affidavit by the debtor (drafted by experienced chaser) explaining the circumstances and why the new case presents a improve opportunity to succeed.

There are certain circumstances that tin bar a re-filing when a debtor voluntarily dismisses his or her prior case. Farther, a bankruptcy estimate can enter an society barring the re-filing of a example if the guess determines that the filer was abusing the system to hinder or delay creditors versus using information technology as a tool to reorganize their debts. These orders are rare only a client's eligibility to re-file will ever exist confirmed when meeting with our attorneys.
For all of these reasons, information technology is essential to work with an experienced law house to refile a instance.

Affiliate seven

You lot are eligible to file a Affiliate 7 every eight years. The clock is reset from the time your instance is filed, not discharged. The court does non require you to narrate or explicate your reasons for needing to re-file. If you did not receive a belch (i.e., case was dismissed) afterwards filing a prior Chapter 7, you lot may be eligible to re-filing a subsequent Affiliate 7 and obtain a discharge, depending on the circumstances surrounding your prior dismissal.

If you filed a Chapter seven and obtained a discharge, but fell into subsequent financial hardship within those eight years, you can file a Affiliate 13 at any time. This would provide yous with:

• Legal protection from your creditors (collections, home foreclosure, vehicle repossession, etc
• Court-approved repayment plan
• Opportunity to remove a second mortgage on your home
• Ability to improve your credit throughout the repayment process.

If you file the Chapter 13 at least four years after the Chapter 7 filing, you tin eliminate a portion if non the majority of your unsecured debt obligations (credit cards, medical bills, etc) likewise as your second mortgage and received a court belch from those debts. If you did non reaffirm your second mortgage when you filed your Chapter 7, yous may be able to remove the second mortgage from the belongings with the use of a Chapter xiii whether it has been iv years since the Affiliate 7 or not.

Get Help from Acclaim Legal Services

As you can see, there are many reasons why re-filing a bankruptcy may be necessary and beneficial. Further, in that location are several variables and nuances that dictate when and what protections tin be established by a re-filed defalcation.

Contacting an experienced bankruptcy attorney should be your beginning step in the process of exploring your options on how many times can you file bankruptcy. We offering gratis same-mean solar day bankruptcy evaluations.

Please telephone call the states toll gratuitous at 866-261-82822 or schedule a consultation right at present.

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Source: https://acclaimlegalservices.com/bankruptcy/filing/how-many-times-can-i-file-for-bankruptcy.html

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