If you are planning to file for bankruptcy again, there are certain requirements you will have to be eligible for in order to revive a new discharge. If you have filed for bankruptcy before and received a discharge, then the bankruptcy code specifies when you can file bankruptcy again and obtain a discharge. If you did not get a discharge in your previous bankruptcy case, then you can file for bankruptcy again without the below time limits. Your financial information will need to be included which includes income, taxes, monthly budgets and bills. There are waiting periods in between each chapter, and here is a breakdown of how it works:
To file a chapter 7 after you have already filed chapter 7 previously, an eight-year time lapse had to have occurred between the new and old filing dates. To file a chapter 13 again after previously filing chapter 13 bankruptcy, two years had to have occurred and since the repayment plan typically takes three to five years, you will most likely be eligible for a second discharge after the first one is finished. To file a chapter 7 to chapter 13 bankruptcy, there needs to be a four-year time frame discharge date. Lastly, to file a chapter 13 to chapter 7 bankruptcy, you’ll have to wait six years between filing dates.
If you intentionally do something wrong, the court can prohibit you from filing any kind of bankruptcy case for a specific amount of time. Failing to obey a court order can result in the court dismissing your case with prejudice. If you try to avoid creditors by filing multiple matters, it can be considered abusing the bankruptcy system which can also be problematic. The court may order you to wait 180 days before being able to refile another case in any of these situations.
These are some points to consider if you do choose to file for bankruptcy again. We at DAL Law Firm can help you through the process, whether it is your first or second time. We can help you explore other options and determine what can be done to ease your stress right away. Give us a call or text today at 206-408-8158. We look forward to helping you!