The right question is not necessarily when you can file, but when can you file and get a bankruptcy discharge. Discharge is the operative word. The ability to file and obtain a discharge depends on several factors, including the type of bankruptcy previously filed, the length of time that has passed since the previous filing, and the specific circumstances of the individual or entity seeking to file again.
Here are some general guidelines for when you can file for bankruptcy again after a prior filing:
- Chapter 7 Bankruptcy: If you previously filed for Chapter 7 bankruptcy and received a discharge, you must wait at least 8 years from the date of the previous filing before you can file for Chapter 7 bankruptcy again and receive another discharge.
- Chapter 13 Bankruptcy: If you previously filed for Chapter 13 bankruptcy and received a discharge, you must wait at least 2 years from the date of the previous filing before you can file for Chapter 13 bankruptcy again and receive another discharge. However, if you are filing for Chapter 13 bankruptcy after a prior Chapter 7 bankruptcy, you only need to wait 4 years from the date of the Chapter 7 filing before you can file for Chapter 13.
- Chapter 7 after a previous Chapter 13: If you previously filed for Chapter 13 bankruptcy and received a discharge, and you now want to file for Chapter 7 bankruptcy, you must wait at least 6 years from the date of the previous filing before you can file for Chapter 7 bankruptcy and receive a discharge.
It’s important to note that these waiting periods are minimum requirements, and filing for bankruptcy again may not always be the best option. Additionally, there may be other factors to consider, such as the type of debts you have, your income, and your overall financial situation. It’s always recommended to consult with an experienced bankruptcy attorney before deciding to file for bankruptcy again.
At DiMarco Warshaw, our experienced bankruptcy attorneys can determine your options and your best solution to eliminate your debt and save your property. Andy Warshaw has been practicing bankruptcy law for about 15 years and is certified by the State Bar of California as a Specialist in Bankruptcy Law. Attorney Darren DiMarco has over 20 years of experience resolving debt related matters, especially for business owners and homeowners.
To speak to an attorney with your best interests in mind, schedule a free evaluation here https://calendly.com/dimarcowarshaw/20min or call us directly at 888-890-5474.
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