I Filed Chapter 13. Can I File Again

Nosotros become 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 tin can you file bankruptcy? The fourth dimension between bankruptcies varies depending on the type of defalcation your originally filed. You can generally re-file for a Affiliate thirteen bankruptcy every 2 years and a Chapter 7 bankruptcy every viii years.

• My case was successfully discharged only I need assistance again, what can I practice?

• Is there a sure period of time that I have to expect before I can file once more?

• Will I be penalized for re-filing?

• Have the laws changed since last time I filed?

Information technology can exist complicated and unfortunately we have found that some attorneys are really misinformed themselves about what the rules are for re-filing a Chapter seven or Chapter 13 defalcation. There are a number of factors that go into how many times you can file bankruptcy. As 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 Affiliate 13 vs. Chapter 7 bankruptcies.

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Rules for Re-filing Defalcation

Refiling a Chapter thirteen Bankruptcy or Filing a Chapter xiii afterward a Chapter seven Discharge

You tin can refile a Chapter xiii at any time as long every bit yous run across the income requirements and were not previously barred past the court (this is very rare). By refiling a example, y'all take total court protection from your creditors, including home foreclosure, vehicle repossession, judgments and garnishments, etc). Depending on the timing of your last case, nosotros may need to take an boosted step to ensure that this protection continues. We do this past drafting and filing a Move to Extend Stay. Your income requirements and previous court rulings can decide how many times you can file defalcation.

The main difference when filing a Affiliate 13 after a Chapter 7 or refiling a Chapter 13 example is eligibility for a court discharge of debt. A discharge allows you to legally eliminate any unpaid portions of your unsecured debt obligations (such every bit credit cards, medical bills, personal loans, loan deficiency debt, etc). The timing rules for obtaining a court discharge are:

• iv years after the filing date of a Affiliate 7 bankruptcy you are eligible to receive a discharge if you file a Chapter 13 debt consolidation plan.

• 2 years after filing a Chapter 13 defalcation.
  Once again, fifty-fifty if you are not eligible for a discharge based on a previous case filing, you lot tin can even so file and do good from full court protection and reduced debt payments for the programme elapsing.

Refiling a Chapter vii Bankruptcy

You tin file a Chapter 7 defalcation every eight years from the date of your previous Chapter 7 filing date. You would need to ensure yous all the same qualified to file based on other factors such as:

• Full household income;
• Equity and assets in your personal and existent holding;

Time Period Between Bankruptcy Discharges

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

Filing Dates Control: All time periods outset and end on the defalcation petition filing date for each case, except for cases converted from one chap ter to another. The belch date is always irrelevant.

Consecutive Chapter 7 Bankruptcy Cases:

If the debtor receives a Affiliate 7 discharge in the starting time case, he/she will not be able to receive a discharge in a subsequently filed Chapter vii case unless at to the lowest degree 8 years pass betwixt the filing of the defalcation petition in the kickoff and 2d case.

Consecutive Chapter 13 Bankruptcy Cases:

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

Chapter seven Followed past a Chapter xiii:

If the debtor receives a Chapter 7 discharge in the showtime case, and the second case is a Chapter thirteen case, he/she will not be able to receive a discharge in the Affiliate 13 example unless at least 4 years pass between the filing of the bankruptcy petition in the first and second case.

Chapter 13 Followed by Chapter vii:

If the debtor receives a Affiliate thirteen discharge in the first case, and the 2nd case is a Affiliate 7 case, he/she will not be able to receive a discharge in the Chapter 7 case unless at least 6 years laissez passer between the filing engagement of the bankruptcy petition in the get-go and 2d case.

Reasons for Re-Filing

Chapter 13

• Previous Chapter 7 filing: They successfully discharged from a Chapter 7 defalcation and need debt relief and court protection once once more, merely do non qualify to refile a Chapter 7 based on discharge timing or other qualifications. You lot can file a Affiliate 13 bankruptcy immediately after a Chapter 7 discharge or dismissal. You are eligible for a Chapter 13 belch of debts if information technology has been over iv years from the date of your previous Chapter vii filing.
• Belch:Their previous instance was successfully discharged but they now need help again with their debts and/or protection from their creditors. This could be due to:
  • Alter in circumstances, such as an temporary loss of income, under-employment or a lawsuit.
  • Prior instance did not or could non address all debt resolution goals. Refiling a bankruptcy is a viable option complete all these efforts.
• Dismissal: The main reason for a Affiliate thirteen case to become dismissed is due to chronically missed programme payments, failure to announced at the mandatory 341 court hearing (without observe 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 attorney should exist there to support you in this process. Examples of steps our firm takes to ensure a discharge and avoid dismissals are:

• Almanac example reviews to review payment history and monitor any changes in circumstances that might warrant a medication of the Affiliate 13 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 affidavit with the courtroom to reschedule the hearing.

If you re-file within one twelvemonth, your chaser is required to file a motion petitioning the court to extend your court protection (the "automatic stay" protection) from creditors (foreclosure, etc.) beyond a xxx day period. The purpose of the "Movement to Extend the Automated Stay" is to demonstrate that your new case is filed in expert faith. Motions need to be filed on time and supported past an affidavit by the debtor (drafted by experienced attorney) explaining the circumstances and why the new case presents a better opportunity to succeed.

There are sure circumstances that tin can bar a re-filing when a debtor voluntarily dismisses his or her prior case. Further, a defalcation gauge can enter an order barring the re-filing of a example if the approximate determines that the filer was abusing the organization to hinder or filibuster creditors versus using it equally a tool to reorganize their debts. These orders are rare merely a client'southward eligibility to re-file will e'er be confirmed when meeting with our attorneys.
For all of these reasons, information technology is essential to work with an experienced law firm to refile a case.

Chapter 7

You are eligible to file a Chapter 7 every eight years. The clock is reset from the fourth dimension your case is filed, non discharged. The court does not require y'all to narrate or explain your reasons for needing to re-file. If you did not receive a discharge (i.e., case was dismissed) after filing a prior Chapter 7, y'all may be eligible to re-filing a subsequent Chapter 7 and obtain a discharge, depending on the circumstances surrounding your prior dismissal.

If you filed a Affiliate 7 and obtained a discharge, just barbarous into subsequent financial hardship within those eight years, you can file a Chapter xiii at any time. This would provide yous with:

• Legal protection from your creditors (collections, dwelling foreclosure, vehicle repossession, etc
• Court-approved repayment programme
• Opportunity to remove a second mortgage on your home
• Power to improve your credit throughout the repayment process.

If yous file the Affiliate 13 at least four years after the Chapter 7 filing, you lot can eliminate a portion if non the majority of your unsecured debt obligations (credit cards, medical bills, etc) also as your 2d mortgage and received a court discharge from those debts. If yous did not reaffirm your second mortgage when you filed your Chapter 7, you may be able to remove the second mortgage from the property with the utilize of a Chapter 13 whether it has been 4 years since the Affiliate 7 or not.

Get Aid from Acclaim Legal Services

As y'all tin see, there are many reasons why re-filing a bankruptcy may be necessary and beneficial. Further, there are several variables and nuances that dictate when and what protections can be established by a re-filed bankruptcy.

Contacting an experienced bankruptcy chaser should be your first step in the procedure of exploring your options on how many times can yous file bankruptcy. We offer free same-twenty-four hour period bankruptcy evaluations.

Please phone call us price free 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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