I filed for chapter 13 four years ago, is there anyway I can file again?

There is nothing in the Bankruptcy Code that limits how often or how many times a person may file bankruptcy.  However, the Bankruptcy Code does limit how often a debtor may receive a discharge.  

The Bankruptcy Code allows a debtor to receive one Chapter 13 discharge every two years.  A debtor who has received a Chapter 13 discharge may not receive a Chapter 7 discharge for four years.  

It’s important to note that the Bankruptcy Code does not prevent a debtor who is ineligible for a discharge from filing bankruptcy.  For debtor’s who may not be eligible to receive a discharge, filing bankruptcy may offer the following advantages: 

• Buying time to cure arrearages on secured debts such as mortgages and auto loans; and
• Stopping adverse creditor actions like foreclosure, repossession, lawsuits, levies, and garnishments. 

Although the Bankruptcy Code does not limit how often or how many times a person may file bankruptcy, it does limit the protections afforded to repeat filers by the automatic stay.  If a debtor has had a Chapter 7 or a Chapter 13 case dismissed in the year before the current filing, the automatic stay expires after 30 days as to all creditors unless the bankruptcy court extends the stay after a showing by the debtor that the case was filed in good faith. 

If a debtor has had two or more cases dismissed in the year preceding the current filing, the automatic stay does not become effective unless and until the debtor or a party in interest files a motion seeking imposition of the stay.  The motion to impose the stay must be filed within 30 days of the date the bankruptcy petition was filed. 

A qualified bankruptcy attorney can explain to you how the laws governing limitations on discharge work.  Additionally, if you are filing bankruptcy a second time after dismissal of a previous case, a bankruptcy attorney can advise you on how the laws governing repeat filers may impact you.