I Filed Bankruptcy. When Can I File Again?

BANKRUPTCY ATTORNEY QUESTION FROM BRANDON FLORIDA

Stuart Schnell of Brandon, Florida asks the Bankruptcy Attorney, If I previously filed Bankruptcy, may I file Bankruptcy again, and when may I file Bankruptcy again?

Thank you for your question, Stuart. If you file Bankruptcy, you may generally file Bankruptcy again, depending upon primarily the amount of time that has elapsed from the date of the filing of the first Bankruptcy, and whether it is important for the Debtor to obtain a Discharge in the Second Bankruptcy.

HERE ARE THE MOST COMMON SCENARIOS REGARDING THE FILING OF A SECOND BANKRUPTCY:
If you filed Chapter 7 Bankruptcy AND received a Discharge, You may generally file a Second Chapter 7 Bankruptcy, and receive a Discharge, provided you wait 8 years from the date of the filing of the first Chapter 7 Bankruptcy.
If you filed Chapter 13 Bankruptcy AND received a Discharge, You may generally file a Chapter 7 Bankruptcy, and receive a Discharge, provided you wait 6 years from the filing of the Chapter 13 Bankruptcy. Since some Debtors who file Chapter 13, make payments up to five years, such Debtors would only have to wait 1 year from the date of the Discharge of the Chapter 13 Bankruptcy to file Chapter 7 Bankruptcy.

If you filed Chapter 7 Bankruptcy AND received a Discharge, You may generally file a Chapter 13 Bankruptcy, and receive a Discharge, provided you wait 4 years from the date of the filing of the Chapter 7 Bankruptcy. Some Debtors, in this scenario, may elect to file a Chapter 13 earlier than the 4 year waiting period, because it is not important for such Debtors to receive a Discharge in the Chapter 13 Bankruptcy. Examples would include a Debtor seeking to pay Priority Creditors through the Chapter 13 Bankruptcy, or the Debtor is seeking to pay arrearages on a Mortgage.

If you filed Chapter 13 Bankruptcy AND received a Discharge, you may generally file a Chapter 13 Bankruptcy and receive a Discharge, provided you wait 2 years from the date of the filing of the first Chapter 13 Bankruptcy.