Can I File For Bankruptcy More Than Once?
Posted on 09 February 2010 by Ted Agnick, The Lawyer
Yes, you can file for bankruptcy more than once. However, several situations separately control how soon you can re-file for bankruptcy.
Refiling After Your Previous Case Was Dismissed
The first situation applies if you previously filed a chapter 7 or chapter 13 bankruptcy and your case was dismissed without you receiving a discharge of debts. In this situation, you can refile for Bankruptcy immediately. There is no waiting period. However, you must be aware that if you are refiling within 12 months of your case being dismissed, the automatic stay will only go into effect for 30 days. Therefore, you will need to file for an extension on the automatic stay if you are refiling within 12 months of your case being dismissed.
If you had two or more cases dismissed within the last 12 months, the automatic stay will not go into effect at all. However, you can apply to have the automatic stay instated. Finally, be aware that if your previous chapter 7 case was dismissed because you willfully failed to abide by a court order or failed to properly prosecute the case you can be barred from filing a new case for 180 days after your case was dismissed.
Refiling After You Previously Received a Chapter 7 Discharge
The second situation applies if you previously filed a chapter 7 bankruptcy that was not dismissed and you received a discharge of debts. In this situation, you can file for chapter 7 again eight years from the date you previously filed your chapter seven bankruptcy petition. If you previously filed a chapter 7 bankruptcy and received a discharge of debts, that was not dismissed, and now wish to file under chapter 13, you can do so four years from the date you previously filed your chapter 7 petition.
Refiling After You Previously Received a Chapter 13 Discharge
The third situation applies if you previously filed a chapter 13 bankruptcy that was not dismissed and you received a discharge of debts. In this situation, you can file for chapter 7 bankruptcy six years from the date you filed your previois chapter 13 petition. You can file for chapter thirteen again two years from the date you filed your previois chapter 13 petition.
