What You Should Know If You Want To File For Bankruptcy A Second Time

24 April 2019
 Categories: , Blog


Filing for bankruptcy is an event that can have results that last for a very long time, yet it can be extremely helpful for people who are overwhelmed with debt and cannot find a way out. If you are at the point where you cannot pay your debts but have filed for bankruptcy before, you might be able to file for it again; however, you may have to wait to do so. Here are several things you should know if you want to file for bankruptcy a second time:

The first step is finding out your filing date from the first bankruptcy

When you want to file for bankruptcy a second time, it is very important to wait for the time frame that is required, and the first step in this is finding out the date you filed your first case. The filing date is not the same as the date of discharge from your case, but you will need to know this information. If you file a second time and do not wait long enough, you might eliminate your chances of getting a discharge in the second case. To find this date, look at your bankruptcy documents or look up your credit report. If you still cannot find this date, contact a bankruptcy lawyer for help.

The rules if you want to file under the same chapter

The timing rules for filing a second time are affected by the chapter of bankruptcy you used the first time, as well as the branch you hope to use this time. If you filed Chapter 7 and want to use this branch again, you will need to wait eight years. If you used Chapter 13 and want to use this branch again, you must wait two years.

The rules if you want to file under a different chapter

Additionally, there are rules you must follow if you plan to use a different branch this time. For example, if you already used Chapter 13 and now want to use Chapter 7, you will need to wait for six years at the most; however, there are times when you may not have to wait this long. On the other hand, if you already filed for Chapter 7 and now want to use Chapter 13, you will need to wait four years.

Waiting the appropriate length of time is important in bankruptcy. To learn more about filing a second time, visit a bankruptcy attorney in your city.


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