QUESTION

can I file for a third bankruptcy

Asked on Jun 12th, 2015 on Bankruptcy - Florida
More details to this question:
filed once about 15 years ago which has been discharged. Also a second time which was discharged a couple of months ago -- both in Illinois.
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1 ANSWER

Bankruptcy Attorney serving Collegeville, PA at Nahrgang & Associates, P.C.
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Prior to the bankruptcy code amendments in 2005, a Debtor could obtain a Chapter 7 discharge more than 6 years after a prior Chapter 7 case was filed, and a Chapter 13 discharge any time after a Chapter 7.  The amendments extended that waiting period to 8 years in the case of a subsequent Chapter 7 and 4 years in the case of a subsequent Chapter 13.   Additionally, the amendments created limitations on the automatic stay that normally exists upon filing a case.  The Stay is only in effect for 30 days after filing, if a second case is filed within one year of a prior case being open.  There is no Stay upon the filing of a third case in that one year period.  The second filing stay may be extended and often is.   It is also possible to seek imposition of the Stay in a third case but it is a very difficult burden to meet.   Based on your facts, you are not eligible for any type of discharge for at least 4 years after your last one.  However, if the proposed new case is purely to cure a secured default such as mortgage arrears, that is permissible with the limitations previously discussed regarding the Stay.  
Answered on Jun 12th, 2015 at 12:18 PM

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