When can I file for bankruptcy again?
Many individuals find themselves facing a bankruptcy more than once in their lifetime. If you are considering filing for bankruptcy and have filed in the past there are a few things you need to
know. There are waiting periods between filing for bankruptcy if you want your debt to be discharged. Technically, you can file for bankruptcy protection at any time, but if you re-file to soon you may not get a discharge and then will be faced with another waiting period. There time frames are as follows:
- If you previously filed a Chapter 7 Bankruptcy the waiting period before filing for another Chapter 7 Bankruptcy is eight years.
- If you previously filed a Chapter 7 bankruptcy the waiting period before filing for a Chapter 13 Bankruptcy is six years.
- If you previously filed a Chapter 13 Bankruptcy the waiting period before filing for another Chapter 13 is two years.
- If you previously filed a Chapter 13 Bankruptcy the waiting period before filing for a Chapter 7 Bankruptcy if six years.
The waiting periods are from filing to filing. For example, if you filed a Chapter 7 Bankruptcy on March 1, 2004 you would be eligible to file again on March 2, 2012. The discharge date isimmaterial here. Further, the waiting periods are only applicable if you actually received a discharge. If you Chapter 7 was not discharged you would be eligible as if you had not filed. If your Chapter 13 was dismissed prior to completion you would not need to worry about the waiting period. However, if you are filing for a second case and there are any unpaid court fees from a prior case they will need to be paid in full and you may not be eligible to pay your current court costs in installments. Further, depending on when you filed, the stay in bankruptcy may not be automatic, or may be for a limited time period. However, your attorney can file a motion to extend the automatic stay to protect your assets.
If you have questions, or would like to schedule a consultation, contact a St. Louis Bankruptcy Attorney today!