How Often Can I File for Bankruptcy?
There is technically no limit on how many times you can file for bankruptcy, but with the timing restrictions it’s definitely not a choice you can make often. Obviously no one hopes to file for bankruptcy even one time, but if the unfortunate event occurs where you’ll need to file again, Clark & Washington would like you to have the facts before you start the process.
If You Originally Filed a Chapter 7 Case…
Or the standard for individual bankruptcy as opposed to a company bankruptcy. It’s eight years after you’ve filed your original court case if you’re filing again for Chapter 7. If you’ve filed Chapter 7 and then need to file for 13, then you’re typically looking at four years or so from the original date.
If You Originally Filed a Chapter 13 Case…
Company bankruptcies take a lot longer to process, and it’s two years after you’ve filed the papers should you choose to file for Chapter 13 again. So, theoretically you can file immediately after the first one is done considering that it can be years before the original has been settled. If you’re filing for Chapter 7 after originally filing for Chapter 13, then it’s six years after the original paperwork has been registered.
Exceptions
Law is like life in that there are a lot of exceptions. So, if you’re able to pay off your unsecured debts or if you pay off 70 percent of your debts in good faith in Chapter 13 case, then they’ll waive the six year rule if you’re requesting Chapter 7 after a Chapter 13 case. Also, rules become blurred when you’re unable to keep up with the court’s orders. If you fail to comply, your case may be dismissed with prejudice. At that point the courts can give you their own set of orders, and you may have to wait longer before submitting a new request.
Again, this is a less than ideal situation, but should you need to know these rules for you or someone you know, then Clark and Washington can help you navigate time-frames, rules and loopholes. Your case may fall under a different category, so talk to our qualified lawyers today about your particular situation and how often you can file for bankruptcy. Our staff can be trusted with your information, and they can help you decide which is best course of action for you and when to make your move.
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