Can I file a new bankruptcy case if I have already filed previously?

BankruptcyThe answer to this question is that it depends. If you have filed bankruptcy in the past and you find yourself in a position where you need to file again, you need expert legal advice to make sure you get it right. Job loss, divorce, medical emergencies, business closing, or other unexpected situations can all come together in a perfect storm to necessitate a new bankruptcy filing. No one wants to have to file another bankruptcy case but bad things happen to good people every day. Are you able to file bankruptcy again? The answer is usually “yes” but you have to be careful to get the timing of your case right if your goal is to receive a new discharge on your outstanding debt. Below is a brief outline of the filing time periods between cases filed to receive a discharge in the subsequent bankruptcy filing:

PREVIOUS CASE RESULT* NEW CASE REQUIREMENTS
Chapter 7 Discharge Chapter 7 8 Years
Chapter 7 Discharge Chapter 13 4 Years
Chapter 13 Discharge Chapter 13 2 Years
Chapter 13 Discharge Chapter 7 6 Years – Unless you paid all your unsecured creditors in full in the Ch. 13 or you paid at least 70% of the claims filed in your case and you proposed your case in good faith and it was your best effort

*If your case has been dismissed and not discharged, then the filing time requirements do not apply; However, you may still be subject to additional filing requirements.

Even if you filed a previous case and received a discharge, either a Chapter 7 or a 13, you may still want to file a new Chapter 13 to protect you from foreclosure, vehicle repossession or tax garnishment if you find yourself in any of these circumstances. You may not receive a discharge but you can protect your property and pay back these debts on your own terms.

Remember, your choice in attorney matters and you need an experienced bankruptcy attorney to review your case. Contact our office today for a free consultation to see if a new case is right for you.

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To set up a free bankruptcy consultation, contact us online or call us at 844-402-2992. For your convenience, we answer our phones 24 hours a day, 7 days a week. We will meet with you evenings or weekends upon request. Remember, your choice in attorney matters.