From our San Diego bankruptcy website: Can I file bankruptcy a second time (after a prior discharge)? Yes, you can do a repeat bankruptcy filing. The following waiting periods apply IF you received a discharge (successfully finished) your prior bankruptcy, and they apply to the period between (first) filing date to (second) filing date: You can file a chapter 7 bankruptcy eight (8) years after the filing date of a prior chapter 7 that ended in discharge. You can file a chapter 7 six (6) years after the filing date of a chapter 13 that ended in discharge (or less if a high amount of debt was paid in the chapter 13 bankruptcy). You can file a chapter 13 bankruptcy (in order to get a discharge or cancellation of unpaid-for debt) four (4) years after the filing date of a chapter 7 that ended in discharge. You can file a chapter 13 bankruptcy (in order to get a discharge or cancellation of unpaid-for debt) two (2) years after the filing date of a prior chapter 13 that had concluded with discharge. You can file chapter 13 bankruptcy prior to the expirations of the above periods, however you wouldn't be entitled to discharge (cancel) any debt through that second chapter 13 bankruptcy. Some reasons to nonetheless file the repeat chapter 13 bankruptcy (notwithstanding denial of discharge) would be to cure arrears (e.g. delinquent mortgage payments) or to extend payments on secured or non-dischargeable debt (like vehicle or student loans, respectively). Confusing? You betcha. Contact your San Diego bankruptcy attorney to get the answer for your specific case. [Also serving Riverside and Imperial County bankruptcy clients.] Can I file bankruptcy a second time (after a prior dismissal)? If your prior case was dismissed (thrown out or rejected), then the several-year wait-periods that apply to refilling bankruptcy (after a prior case that culminated in discharge) do not apply. However, depending upon the circumstances of the dismissal, restrictions may apply. If you file bankruptcy within one year after dismissal of a prior bankruptcy, then limitations apply to the automatic stay (the protection from creditors which is in effect between the time of filing and the time of discharge). Certain limitations can be overcome by your San Diego Bankruptcy Attorney. We may file motions to extend or instate the automatic stay, so that you have the protection you need. Under certain circumstances, 180-day bars (as in wait period- not open-just-half-the-year watering-holes) may apply and compel you to wait that number of days before refiling. A particular dismissal order may also prescribe particular restrictions. Lesson learned? File with a trusted San Diego bankruptcy attorney to avoid permanent damage.
Answered on Nov 08th, 2012 at 3:51 AM