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Bankruptcy Filings - Are You Qualified To File Another One?

Creation date: Sep 7, 2022 2:55pm     Last modified date: Sep 7, 2022 2:55pm   Last visit date: May 23, 2024 3:14am
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Sep 7, 2022  ( 1 post )  
9/7/2022
2:55pm
Lincoln Law (lincolnlawfirm1)

How Can You File For Another Bankruptcy After The First One?

Some people will find themselves in another dire financial situation after completing their bankruptcy case and receiving a discharge. If you find yourself in this situation, you might wonder if you can file for bankruptcy again. 

 

The answer is maybe—it all depends on the type of bankruptcy you filed before and how long it has been since you received your discharge. A bankruptcy lawyer can advise you on whether or not another bankruptcy filing is suitable for your situation and help you navigate the process.

 

General Guidelines On Repeat Bankruptcy Filings 

There are no limits on the number of bankruptcy cases an individual can file. However, there are constraints on how often you can receive a bankruptcy discharge. Here is a guide on repeat filings. 




Filing Under The Same Chapter

You cannot receive a discharge in a bankruptcy case filed under the same chapter within a specific period. 

 

  • Chapter 7: You must wait eight years from the date you received a discharge in a previous Chapter 7 bankruptcy case to file another Chapter 7 bankruptcy and receive another discharge. 

 

  • Chapter 13: You must wait two years from the date you received a discharge in a previous Chapter 13 bankruptcy case to file another Chapter 13 bankruptcy and receive another discharge. 

 

Filing Under A Different Chapter 

You can file for bankruptcy protection under a different chapter any time after you have received a discharge in a prior bankruptcy case, regardless of which chapter you filed under or how long ago you received your discharge. 

 

However, keep in mind that if you received a discharge in a prior bankruptcy case, the bankruptcy court might dismiss your new case if the court finds that the filing is an abuse of the bankruptcy laws. 

 

Filing Without A Previous Discharge

Suppose you filed for bankruptcy but did not get a discharge because you did not complete your bankruptcy case. In this instance, you might be able to file another bankruptcy case and receive a discharge if: 

 

  • You are eligible for the type of bankruptcy you want to file. 
  • The court did not dismiss your first bankruptcy case with prejudice. 
  • You have not received a discharge in a bankruptcy case filed within the last 180 days. 

 

Can You Get A Waiver Of The Waiting Period? 

 

The bankruptcy court may waive the waiting period required under federal law if you can show that "exceptional circumstances" have caused you financial hardship and that filing bankruptcy now would benefit your creditors and yourself. Whether or not to grant a waiver is within the bankruptcy court's discretion under the following circumstances: 

 

  • The debtor could not pay for necessities such as food and shelter. 
  • The debtor's assets were subject to seizure. 
  • The debtor was facing eviction. 

 

When It Makes Sense To File For Bankruptcy Again 

There are certain financial situations where it might make sense to file for an attorney for bankruptcy even though you received a discharge in a prior bankruptcy case. For example, you might consider filing for bankruptcy again if: 

 

  • Your income has decreased since your last bankruptcy case, and you can no longer afford your current monthly payments. 
  • You have experienced a significant life event, such as a divorce or job loss, that has left you in dire financial straits. 
  • Your creditors have started aggressively pursuing collection actions against you, such as wage garnishment or seizure of assets. 

 

The Lincoln-Goldfinch Law Firm 

If you find yourself in any of these situations, it is essential to consult with a bankruptcy lawyer to see if another bankruptcy filing is proper for you. A bankruptcy lawyer can help you navigate the process and ensure that your rights are protected. The lawyers at the  Lincoln-Goldfinch Law Firm have experience handling bankruptcy cases and can help you determine if bankruptcy is the right solution for you.

 

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Lincoln-Goldfinch Law
1005 E 40th St. 
Austin, TX 78751
(855) 502-0555
https://goo.gl/maps/WC2qsKi1cV73hefV8
https://www.LincolnGoldfinch.com/