What Is A Repeat Bankruptcy Filing?

Have you filed for bankruptcy in the past, and are you wondering if you could be eligible to file for bankruptcy again? Many debtors in Florida and throughout the country have questions about repeat bankruptcy filings, including whether they are ever allowed and, if so, what determines a person’s eligibility to file for bankruptcy a second or even a third time. In short, repeat bankruptcy filings are possible under U.S. bankruptcy law, but there are specific requirements for parties who want to file for bankruptcy again after a previous filing. Our West Palm Beach bankruptcy lawyers can provide you with more information about repeat or subsequent consumer bankruptcy filings in Florida.

If You Received a Previous Bankruptcy Discharge: You Will Need to Wait for a Specific Amount of Time Before You Can File Again

 Did you file for bankruptcy previously and receive a discharge? If so, then a waiting period will apply to any repeat bankruptcy filing. The length of time of that waiting period will depend upon the type of bankruptcy you filed for previously. We will explain the specific waiting periods for different types of repeat bankruptcy filings below.

If you previously filed for bankruptcy and did not receive a discharge, the waiting period does not apply to your case. It is important to be clear that the waiting periods under U.S. bankruptcy law do not apply to previous bankruptcy filings, but rather to previous bankruptcy discharges. Since it is uncommon to file for bankruptcy and not receive a discharge, you should discuss the details of your case with a bankruptcy attorney in South Florida to ensure that you will be able to file for bankruptcy and to receive a discharge of your debts. In all likelihood, if you did not receive a discharge the first time because you had non-dischargeable debts, those debts are still non-dischargeable under the U.S. Bankruptcy Code.

Waiting Periods for Different Types of Bankruptcy Filings 

How long will you need to wait to file for bankruptcy? The waiting period will depend upon what type of discharge you received previously:

• Chapter 7 discharge and you want to file for Chapter 7 bankruptcy again: 8-year waiting period;
• Chapter 13 discharge and you want to file for Chapter 13 bankruptcy again: 2-year waiting period;
• Chapter 13 discharge and you want to file for Chapter 7 bankruptcy: 6-year waiting period; and
• Chapter 7 discharge and you want to file for Chapter 13 bankruptcy: 4-year waiting period.

Contact a West Palm Beach Bankruptcy Lawyer 

Are you considering the possibility of filing for bankruptcy after you have already filed for bankruptcy in the past? Repeat bankruptcy filings are not uncommon, and it may be possible for you to file for bankruptcy again. Before you begin the process of getting started on a repeat or subsequent bankruptcy case, it is essential to get advice from a West Palm Beach bankruptcy attorney at Kelley Kaplan & Eller who can help you to determine whether or not you are eligible to file for bankruptcy again at this point in time. If you can file a new petition for bankruptcy, our firm can help you through the bankruptcy case. If you are not yet eligible to file for bankruptcy again at this point in time, we can discuss other potential options for handling your debt.

Source:

law.cornell.edu/uscode/text/11