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Can I File for Bankruptcy Again if I Have Already Filed Before?

Unfortunately, a prior bankruptcy might not have solved all of your financial issues, and you may find yourself again needing bankruptcy relief. Can you file for bankruptcy again?  The answer to that questions is almost always yes, but when you can file depends on what case you filed last time and what case you want to file this time.  If your last case was filed more than 8 years ago, then you can file any type of case.  Below is a chart that shows you what type of case you are eligible to file based upon what type of case you previously filed.

Your prior case was…You want to file…You must wait (from the filing date of your last case)…
Chapter 7Chapter 78 Years
Chapter 7Chapter 134 Years
Chapter 13Chapter 76 Years*
Chapter 13Chapter 132 Years

You may file again immediately if you paid at least 70% to your unsecured creditors.

There is an exception to these refiling time limits if you file a chapter 13 case.  But even if it has not been 4 years since you filed your last chapter 7 case, or more than 2 years since you filed your last chapter 13 case, you can still file a new case, but you will not be eligible to receive a discharge (elimination) of your debts.  So why would you want to file if you cannot receive a discharge?  Because you can file to stop a foreclosure, vehicle repossession, or wage garnishment and make payments on those and other debts over time.  You will, however, typically have to pay 100% to your unsecured creditors when you are not eligible for a discharge.

Need more information? We can help!

Call The Schofield Law Firm today at 912-275-7018 if you need to know whether you can file for bankruptcy again and discuss your options.

July 1, 2021