How Long After Chapter 13 Can I File Again

Nosotros become many calls from prospective and previous clients confused virtually their options to refile for bankruptcy following the discharge or dismissal of a prior case. The common questions are:

• How many times tin can you file bankruptcy? The time between bankruptcies varies depending on the type of defalcation your originally filed. You lot can more often than not re-file for a Chapter 13 bankruptcy every 2 years and a Chapter seven bankruptcy every viii years.

• My case was successfully discharged simply I need assistance over again, what tin can I do?

• Is there a certain period of time that I accept to wait before I can file again?

• Will I be penalized for re-filing?

• Take the laws changed since last fourth dimension I filed?

It can be complicated and unfortunately we have institute that some attorneys are actually misinformed themselves about what the rules are for re-filing a Affiliate 7 or Chapter 13 bankruptcy. There are a number of factors that go into how many times you can file bankruptcy. As long as y'all run into the income requirements and were non previously barred by the court, you should exist able to refile afterwards a few years. Go on on to read nigh the differences in refiling for Chapter 13 vs. Chapter 7 bankruptcies.

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Rules for Re-filing Bankruptcy

Refiling a Affiliate xiii Defalcation or Filing a Chapter xiii afterward a Chapter vii Discharge

You can refile a Chapter xiii at any fourth dimension as long equally you lot meet the income requirements and were non previously barred by the court (this is very rare). By refiling a case, yous have full courtroom 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 accept an additional step to ensure that this protection continues. We do this by drafting and filing a Motion to Extend Stay. Your income requirements and previous court rulings tin can determine how many times you lot tin file bankruptcy.

The master deviation when filing a Chapter 13 afterwards a Chapter seven or refiling a Chapter 13 instance is eligibility for a court discharge of debt. A discharge allows y'all 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:

• 4 years later on the filing date of a Affiliate vii bankruptcy y'all are eligible to receive a discharge if you file a Chapter 13 debt consolidation program.

• 2 years after filing a Affiliate 13 defalcation.
  Again, even if you are not eligible for a belch based on a previous case filing, you can all the same file and benefit from full court protection and reduced debt payments for the programme duration.

Refiling a Chapter 7 Bankruptcy

Yous tin file a Chapter 7 defalcation every 8 years from the engagement of your previous Chapter seven filing date. Y'all would need to ensure you still qualified to file based on other factors such as:

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

Time Period Between Bankruptcy Discharges

Prior (First) Case:	Chapter 7	Chapter 13
Current Blazon of Example/Affiliate	Years Until Next Available Discharge
Chapter 7	8 Years	6 years, unless the plan in the prior example paid seventy% or more to unsecured creditors
Affiliate xiii	4 years	2 years

Filing Dates Command: All time periods start and end on the bankruptcy petition filing appointment for each case, except for cases converted from ane chap ter to another. The belch engagement is always irrelevant.

Sequent Affiliate vii Bankruptcy Cases:

If the debtor receives a Affiliate 7 discharge in the first instance, he/she will not be able to receive a discharge in a later filed Chapter 7 case unless at to the lowest degree 8 years laissez passer between the filing of the bankruptcy petition in the kickoff and second example.

Consecutive Chapter 13 Bankruptcy Cases:

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

Affiliate 7 Followed by a Chapter thirteen:

If the debtor receives a Chapter vii discharge in the first case, and the second case is a Chapter thirteen case, he/she will not be able to receive a discharge in the Affiliate xiii case unless at to the lowest degree 4 years pass between the filing of the defalcation petition in the first and second instance.

Chapter 13 Followed by Chapter vii:

If the debtor receives a Chapter thirteen belch in the offset instance, and the second case is a Affiliate 7 case, he/she will not be able to receive a belch in the Chapter seven case unless at least half-dozen years laissez passer between the filing engagement of the defalcation petition in the beginning and second case.

Reasons for Re-Filing

Chapter thirteen

• Previous Chapter seven filing: They successfully discharged from a Chapter 7 bankruptcy and need debt relief and court protection once again, but do not qualify to refile a Affiliate 7 based on discharge timing or other qualifications. You can file a Chapter thirteen bankruptcy immediately after a Chapter vii belch or dismissal. You lot are eligible for a Chapter 13 discharge of debts if it has been over 4 years from the appointment of your previous Chapter seven filing.
• Discharge:Their previous case was successfully discharged but they now demand assistance again with their debts and/or protection from their creditors. This could exist due to:
  • Change in circumstances, such every bit an temporary loss of income, under-employment or a lawsuit.
  • Prior case did not or could not accost all debt resolution goals. Refiling a bankruptcy is a viable option consummate all these efforts.
• Dismissal: The main reason for a Chapter thirteen case to get dismissed is due to chronically missed program payments, failure to announced at the mandatory 341 court hearing (without notice or a valid reason) or missing documentation required by the Trustee or court (such as copies of tax returns, pay stubs, etc.)

If you are facing a dismissal of your case, your chaser should be at that place to support you in this procedure. Examples of steps our firm takes to ensure a discharge and avoid dismissals are:

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

If y'all re-file within ane year, your chaser is required to file a motion petitioning the court to extend your court protection (the "automated stay" protection) from creditors (foreclosure, etc.) beyond a 30 day period. The purpose of the "Motion to Extend the Automatic Stay" is to demonstrate that your new case is filed in good faith. Motions demand to be filed on time and supported by an affirmation past the debtor (drafted by experienced attorney) explaining the circumstances and why the new case presents a better opportunity to succeed.

There are certain circumstances that can bar a re-filing when a debtor voluntarily dismisses his or her prior case. Further, a bankruptcy judge tin can enter an order disallowment the re-filing of a instance if the judge determines that the filer was abusing the system to hinder or filibuster creditors versus using it equally a tool to reorganize their debts. These orders are rare but a client'southward eligibility to re-file volition always be confirmed when coming together with our attorneys.
For all of these reasons, information technology is essential to piece of work with an experienced law business firm to refile a case.

Chapter 7

You are eligible to file a Affiliate 7 every 8 years. The clock is reset from the time your case is filed, not discharged. The courtroom does not require you to narrate or explain your reasons for needing to re-file. If y'all did not receive a discharge (i.due east., case was dismissed) after filing a prior Affiliate vii, you lot may exist eligible to re-filing a subsequent Chapter 7 and obtain a discharge, depending on the circumstances surrounding your prior dismissal.

If yous filed a Affiliate seven and obtained a discharge, simply fell into subsequent financial hardship within those eight years, you tin can file a Chapter 13 at whatever fourth dimension. This would provide you lot 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 iv years subsequently the Chapter 7 filing, you lot can eliminate a portion if not the majority of your unsecured debt obligations (credit cards, medical bills, etc) likewise as your second mortgage and received a court discharge from those debts. If y'all did non reaffirm your second mortgage when you filed your Chapter seven, you may be able to remove the 2nd mortgage from the property with the employ of a Chapter thirteen whether information technology has been iv years since the Chapter 7 or non.

Get Help from Acclamation Legal Services

As you can run across, at that place are many reasons why re-filing a bankruptcy may exist necessary and beneficial. Further, there are several variables and nuances that dictate when and what protections can be established by a re-filed defalcation.

Contacting an experienced bankruptcy attorney should be your first step in the process of exploring your options on how many times can y'all file bankruptcy. Nosotros offer costless same-solar day bankruptcy evaluations.

Delight phone call u.s. toll gratis at 866-261-82822 or schedule a consultation right now.

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

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