When Can I File a Chapter 7 Bankruptcy Again?

You might need to file again, but can you? Well, that depends on the type of bankruptcy you filed before and whether you need bankruptcy to wipe out (discharge) new debt. It also depends on the type of bankruptcy you now need to file.

If you have filed a chapter 7 in the past and obtained a discharge (i.e. the case went through and was not dismissed), then you cannot file another chapter 7 for eight (8) years from the date the previous bankruptcy was filed.

Have some new debt you want to wipe out, but you can afford a chapter 13 repayment plan? Then you just have to wait four (4) years from the date you filed the chapter 7.

If your prior bankruptcy was a chapter 13, and you obtained a discharge, then you cannot file a chapter 7 for six (6) years. However, if you want to file another chapter 13, it is only two (2) years.

But what if you need to file in order to obtain the ability to pay back a debt over time, not discharge it? Perhaps you got behind on a mortgage and need to get current.

If you want to do that by filing a chapter 13, you don't have to wait at all! If you just need the automatic stay to allow you to carry out a payment plan, then there is no ineligibility period.

If you live in Burlington, Camden, Gloucester, Salem or Cumberland County, are considering filing bankruptcy again, and are ready to take action, then call my office at 856-432-4113 for a free consultation to discuss your case.

[atlantabankruptcy]

I would add that if you did not keep records about when you last filed Chapter 7, you or your lawyer can look up the filing date on PACER.  Your credit report should also reference the Ch. 7 filing date.

[Richardsonlawoffices]

Unfortunately, there are situations when people who previously filed #bankruptcy fall on hard times and have to file again. But can you? Find out here!