Can I File for Bankruptcy More Than Once?

  • By:Matthew Casper
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Can I File for Bankruptcy More Than Once?Bankruptcy can be a pathway toward a fresh financial start if you simply cannot keep up with all of your financial obligations. Many of your debts will be discharged, and you can regain your footing and look ahead toward a fruitful future. If all goes well, you may never look back. You can do all the right things to rebuild your credit record, and in either seven or 10 years depending on the type of bankruptcy that was filed, it will no longer be on your credit report.

 

This successful scenario often plays itself out, especially if you work with a bankruptcy attorney that will help you understand the right steps to take. However, in some cases, circumstances can call for a subsequent bankruptcy filing. It is possible to file for bankruptcy more than once, but there are some important details that you have to understand with regard to the timing.

 

First, let’s look at multiple filings of a Chapter 7 bankruptcy. This type of bankruptcy is a liquidation bankruptcy, and unsecured debt can be discharged when you successfully file. While there is no law that prevents you from filing another Chapter 7 bankruptcy within a particular time frame, debts cannot be discharged unless you wait for at eight years to file again. The time frame for filing for a new Chapter 13 discharge is two years after the first filing.

 

Things are different when you file once, and you subsequently decide to file for a different type of bankruptcy. If you were in Chapter 7 bankruptcy, you could potentially qualify for a discharge under a Chapter 13 four years after the initial filing. When you flip the scenario around for a Chapter 13 filer that wants to file for Chapter 7 at a later date, you have to wait for six years if you want to get a discharge. However, there are two exceptions to this rule. There is no waiting period at all if you repaid the entirety of your unsecured debt in the Chapter 13 repayment plan, or 70 percent if it is determined that you made a sincere and concerted effort to satisfy your obligations.

 

Give Us a Call to Schedule a Free Case Evaluation

 

If you would like to learn more about multiple bankruptcy filings or any other debt relief matter, we are here to help. We offer free consultations to people in Eugene, Portland, Tigard, and several other cities in Oregon, and we also have offices in Vancouver and Tri-Cities in Washington. To schedule a free consultation, call us right now toll-free at 1-800-682-9568.

Posted in: Bankruptcy, Chapter 7 Bankruptcy

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