We get many calls from prospective and previous clients confused about their options to refile for bankruptcy following the discharge or dismissal of a prior case. The common questions are :
- How many times can you file bankruptcy ? The time between bankruptcies varies depending on the type of bankruptcy your originally filed. You can by and large re-file for a chapter 13 bankruptcy every 2 years and a chapter 7 bankruptcy every 8 years .
- My case was successfully discharged but I need aid again, what can I do ?
- Is there a certain period of time that I have to wait before I can file again ?
- Will I be penalized for re-filing ?
- Have the laws changed since last clock I filed ?
It can be complicated and unfortunately we have found that some attorneys are actually misinformed themselves about what the rules are for re-filing a chapter 7 or chapter 13 bankruptcy. There are a numeral of factors that go into how many times you can file bankruptcy. a 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 chapter 13 vs. chapter 7 bankruptcies .
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Rules for Re-filing Bankruptcy
Refiling a Chapter 13 Bankruptcy or Filing a Chapter 13 after a Chapter 7 Discharge
You can refile a chapter 13 at any fourth dimension deoxyadenosine monophosphate hanker as you meet the income requirements and were not previously barred by the court ( this is very rare ). By refiling a subject, you have full court security from your creditors, including home foreclosure, vehicle repossession, judgments and garnishments, etc ). Depending on the time of your last subject, we may need to take an extra mistreat to ensure that this auspices continues. We do this by drafting and filing a motion to Extend Stay. Your income requirements and previous woo rulings can determine how many times you can file bankruptcy.
The main difference when filing a chapter 13 after a chapter 7 or refiling a chapter 13 font is eligibility for a motor hotel discharge of debt. A discharge allows you to legally eliminate any unpaid portions of your unbarred debt obligations ( such as credit cards, medical bills, personal loans, loan insufficiency debt, etc ). The time rules for obtaining a court discharge are :
- 4 years after the filing date of a chapter 7 bankruptcy you are eligible to receive a drop if you file a chapter 13 debt consolidation plan .
2 years after filing a chapter 13 bankruptcy.
Again, tied if you are not eligible for a drop based on a previous case filing, you can hush file and benefit from full court protective covering and reduce debt payments for the plan duration .
Refiling a Chapter 7 Bankruptcy
You can file a chapter 7 bankruptcy every 8 years from the date of your previous chapter 7 file date. You would need to ensure you hush qualified to file based on other factors such as :
- entire family income ;
- equity and assets in your personal and very property ;
Time Period Between Bankruptcy Discharges
|Prior (First) Case:||Chapter 7||Chapter 13|
|Current Type of Case/Chapter||Years Until Next Available Discharge|
|Chapter 7||8 Years||6 years, unless the plan in the anterior font paid 70 % or more to unbarred creditors|
|Chapter 13||4 years||2 years|
Filing Dates Control : All time periods start and end on the bankruptcy petition file date for each case, except for cases converted from one chap ter to another. The release date is constantly irrelevant.
Consecutive Chapter 7 Bankruptcy Cases:
If the debtor receives a chapter 7 discharge in the first case, he/she will not be able to receive a fire in a subsequently filed chapter 7 subject unless at least 8 years pass between the charge of the bankruptcy request in the first gear and second base case .
Chapter 7 Followed by a Chapter 13:
If the debtor receives a chapter 7 discharge in the first gear case, and the second case is a chapter 13 case, he/she will not be able to receive a discharge in the chapter 13 case unless at least 4 years pass between the filing of the bankruptcy request in the beginning and second font .
Chapter 13 Followed by Chapter 7:
If the debtor receives a chapter 13 fire in the first case, and the second case is a chapter 7 event, he/she will not be able to receive a empty in the chapter 7 casing unless at least 6 years pass between the file date of the bankruptcy prayer in the first and second shell .
Reasons for Re-Filing
- Previous Chapter 7 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 Chapter 7 based on discharge timing or other qualifications. You can file a Chapter 13 bankruptcy immediately after a Chapter 7 discharge or dismissal. You are eligible for a Chapter 13 discharge of debts if it has been over 4 years from the date of your previous Chapter 7 filing.
- Discharge:Their previous case was successfully discharged but they now need help again with their debts and/or protection from their creditors. This could be due to:
- Change 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 appear 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 lawyer should be there to support you in this summons. Examples of steps our firm takes to ensure a acquit and keep off dismissals are :
- Annual case reviews to review payment history and monitor any changes in circumstances that might warrant a medication of the Chapter 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 affidavit with the court to reschedule the hearing.
If you re-file within one year, your lawyer is required to file a motion petitioning the court to extend your court protection ( the “ automatic rifle 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 casing is filed in good faith. Motions need to be filed on time and supported by an affidavit by the debtor ( drafted by experienced lawyer ) 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 sheath. Further, a bankruptcy judge can enter an order barring the re-filing of a case if the evaluate determines that the filer was abusing the system to hinder or delay creditors versus using it as a instrument to reorganize their debts. These orders are rare but a client ‘s eligibility to re-file will constantly be confirmed when meeting with our attorneys.
For all of these reasons, it is essential to work with an know police tauten to refile a case .
You are eligible to file a chapter 7 every eight years. The clock is reset from the time your case is filed, not discharged. The court does not require you to narrate or explain your reasons for needing to re-file. If you did not receive a fire ( i.e., casing was dismissed ) after filing a anterior chapter 7, you may be eligible to re-filing a subsequent chapter 7 and obtain a discharge, depending on the circumstances surrounding your anterior dismissal .
If you filed a chapter 7 and obtained a discharge, but fell into subsequent fiscal adversity within those eight years, you can file a chapter 13 at any time. This would provide you 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 file, you can eliminate a helping if not the majority of your unguaranteed debt obligations ( credit cards, medical bills, etc ) equally well as your second mortgage and received a court exhaust from those debts. If you did not reaffirm your second base mortgage when you filed your chapter 7, you may be able to remove the second mortgage from the property with the use of a chapter 13 whether it has been 4 years since the chapter 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. far, there are several variables and nuances that dictate when and what protections can be established by a re-filed bankruptcy.
Contacting an experienced bankruptcy lawyer should be your first base pace in the serve of exploring your options on how many times can you file bankruptcy. We offer loose same-day bankruptcy evaluations .
Please call us toll free at 866-261-82822 or schedule a consultation right now.