If I Filed Bankruptcy Before, When Can I File Again?

In this roller coaster economy it isn’t hard to imagine a situation where someone may need to file for bankruptcy more than once. The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) provides for multiple bankruptcy filings under certain conditions. While the BAPCPA does not establish a specific length of time to wait between bankruptcy filings, it does define a time frame for debtors to receive a subsequent discharge. The application of the time frame varies depending on the type of bankruptcy you initially filed.

Multiple discharges when bankruptcy is filed under identical chapters

You are required to wait eight years after receiving a discharge under Chapter 7 to be eligible for a discharge in a successive Chapter 7 case.

If you received a discharge under Chapter 13, the Bankruptcy Code requires you to wait two years before receiving another discharge under Chapter 13.

Multiple discharges when bankruptcy is filed under different chapters

If you file under different chapters, the order in which you filed will determine the length of time you have to wait before you are eligible for a subsequent discharge.

Debtors who first filed under Chapter 7 and receive a discharge must wait four years before receiving a discharge under Chapter 13.

Debtors who filed under Chapter 13 first can usually receive discharge after six years by filing under Chapter 7. It is important to note the exceptions to the six year rule.  If under the initial Chapter 13 case you made payments to:

• all of your unsecured creditors
• 70% of secured claims
• your proposed payment plan was made in good faith and the repayment plan was your best effort

There is no waiting period if your previous bankruptcy case concluded in a dismissal or denial. Our Pittsburgh debt relief attorneys offer full service debt solutions. Let us help you reach financial freedom.

By Harold Shepley | Published September 3, 2013 | Posted in Bankruptcy | Tagged bankruptcy attorney, filing for bankruptcy, Harrisburg bankruptcy attorney, Pennsylvania bankruptcy attorney | Leave a comment