When it comes to the number of times you’re allowed to refile bankruptcy in Georgia, there are no restrictions unless the court order states one. However, if your debts were dismissed in a previous bankruptcy, you must wait a specific amount of time before you can file again.

Whether or not you can file another Georgia bankruptcy and receive a discharge status depends on:

  • If your previous bankruptcy was discharged or dismissed with or without prejudice
  • The type of bankruptcy you previously filed and the one you wish to file now
  • When you filed your previous bankruptcy case

No Limitations to How Many Times You Can File

The time restrictions on when you are eligible to refile for a Chapter 7 or Chapter 13 will depend on which type of bankruptcy you’re trying to file now.

  • Chapter 7 to Chapter 7: If you already have successfully completed a Chapter 7 bankruptcy in Georgia, you must wait eight years from the date you previously filed before you can file another Chapter 7.
  • Chapter 7 to Chapter 13: If you previously filed a Chapter 7 bankruptcy, you can file for a Chapter 13 if it has been at least four years since the filing date of the other bankruptcy. This is known as a Chapter 20 bankruptcy.
  • Chapter 13 to Chapter 13: You cannot receive another discharge in a second Chapter 13 filing if two years haven’t passed since the first filing. Typically, it takes about three to five years to complete a repayment plan, so most people can file for another Chapter 13 bankruptcy in Georgia after the first case closed (time period varies).
  • Chapter 13 to Chapter 7: You must wait six years from the date the Chapter 13 was filed before filing a Chapter 7. There is one exception to the rule though. If you paid back all of your unsecured debts or at least 70% of them and your plan is in good faith, you may be eligible for this new filing earlier.

Restrictions Associated with Previous Bankruptcies (Dismissed with Prejudice)

Bankruptcy court can prevent you from filing another bankruptcy case for a specific amount of time. This occurs if the court has previously dismissed your previous bankruptcy with prejudice. This occurs when you fail to obey court orders, file multiple cases in order to delay your creditors or you abuse the bankruptcy system in general. This 180-day bar occurs if you failed to obey orders or you dismissed your previous bankruptcy voluntarily after a creditor had filed a motion for relief for automatic stay. Bankruptcy fraud is another instance that you may be prevented from filing another bankruptcy for an extended period of time. Hiding assets, lying on official court papers or filing a bankruptcy case in bad faith can all result in fraud charges. A man and woman overwhelmed with past-due bills

Automatic stay protects you against the efforts of collections from creditors during bankruptcy. If your first bankruptcy in Georgia was dismissed and you filed another within a year of its dismissal, the automatic stay in your new case is just 30 days. For those with more than two dismissals, there is no automatic stay. This means that if you file multiple bankruptcies in one calendar year, you may have to file a motion to impose or extend automatic stay on your particular case.

Contact A Bankruptcy Attorney

A bankruptcy attorney in Georgia from Clark & Washington can help you navigate through the legal process when you want to refile for bankruptcy. To talk to one of our professional lawyers, call us at 770-629-9093 today.