Multiple Bankruptcy Filings

If you have already filed for bankruptcy, and you think you need to file for bankruptcy again, you should immediately consult with a bankruptcy attorney. The truth is that you may be able to file for bankruptcy more than once, but this will depend on the facts of your previous bankruptcy filing.

When you speak to a bankruptcy attorney about multiple bankruptcy filings, you should explain to them:

• when you filed for bankruptcy in the past;
• what type of bankruptcy you filed; and
• where you dismissed or discharged your debts.

With this information and more, an attorney can assess whether you are eligible for multiple bankruptcy filings.

The Rules on Multiple Bankruptcy Filings

The rules on multiple bankruptcy filings are as follows:

1. If you have filed for Chapter 7, and you have received a discharge from your debts, you may have to wait 8 years to file for Chapter 7 bankruptcy again.
2. If you have filed for Chapter 7 or Chapter 13 and were dismissed under rule 109(g), you may have to wait 180 days before you can file for bankruptcy again.
3. If you have received a discharge after filing for Chapter 7 bankruptcy, and it has been between 181 days and 2 years from the date of your first filing, you may file for Chapter 13. However, in the Chapter 13 filing, you cannot discharge any debts, but you may be granted an automatic stay.
4. If you have discharged your debts in a Chapter 7, and it has been between 2 and 4 years from the date of your first filing, you may file for Chapter 13 bankruptcy. However, in the Chapter 13 filing, you will have to pay 100% of your unsecured debts, and you may obtain a discharge.
5. If you have discharged your debts in a Chapter 7, and it has been more than 4 years from the date of your first filing, you may file for Chapter 13 bankruptcy and pay less than 100% of your unsecured debts and obtain a discharge.

If you have debts that you cannot repay, multiple bankruptcy filings are not the most desirable option. However, it may be the best option available to you depending on your circumstances. To find out how to proceed with multiple bankruptcy filings, you can get the professional advice of a local bankruptcy attorney.