' Filing Bankruptcy Multiple Times - Law Offices of Robert M. Geller
CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

What You Should Know about Filing for Bankruptcy Multiple Times

Filing For Bankruptcy Multiple Times Pasco, Tampa, And St Petersburg Florida.Filing for Bankruptcy Multiple Times

As hard as it might be for someone who has never considered filing to believe, some people need to file for bankruptcy multiple times. Life is unpredictable and a lot of that unpredictability affects income. Even those who are diligent about careful spending and saving could face unexpected circumstances and need to use bankruptcy more than once.

If this happens to you, what do you need to know about filing for bankruptcy multiple times?

Filing vs. Receiving Debt Discharge

The most common question asked by people in this situation is “how soon can I file for bankruptcy again?”

The answer is “you can file as often as you’d like, but you might not qualify for a discharge.” The discharge of your debt, whether or not you received a discharge, and how long it’s been since the discharge occurred are the things you need to consider. If you file too soon after receiving a discharge in a previous bankruptcy case, you won’t be eligible for a discharge if you file again.

You also need to consider whether you’ll be filing for the same chapter bankruptcy the second time around. The timeframes vary based on the bankruptcy chapter. For example, you’ll need to wait:

  • Eight years between chapter 7 discharges
  • Two years between chapter 13 discharges
  • Six years between a chapter 13 discharge and a chapter 7 discharge (However, the wait is shorter if you paid unsecured creditors in full in your chapter 13 case or paid at least 70 percent in good faith)
  • Four years between a chapter 7 discharge and a new chapter 13

Again, the important thing to remember is that the rules apply to your discharge, not your filed case. This means if you filed either chapter 7 or chapter 13 and never received a discharge, the timeframes might not apply.

Filing for Bankruptcy Multiple Times after Case Dismissal or Denial

If the bankruptcy court dismissed your original case, you’re free to file again and will only need to wait 180 days in certain circumstances. Sometimes you won’t even need to wait that long. If the court denied your discharge, you can file again at any time, but there’s a chance the debts listed in your original case won’t be discharged in the second filing either. Both of these are special circumstances that you’ll need assistance from an attorney to deal with.

There’s one additional thing to consider when you’re thinking about filing for bankruptcy a second time. It might be something you should do even if you do not receive a discharge.

If you need some time to assess your situation, bankruptcy provides you that. You’ll stop creditors from calling you and allow yourself time to arrange repayment terms on the debts in question. If you weren’t able to deal with all of your debts in your original bankruptcy or something new has cropped up and you’re facing a new financial emergency, time might be just what you need.

It’s also possible to file chapter 13 immediately after you’ve received a chapter 7 discharge. This is actually a chapter 20 bankruptcy and it’s used to gain more time to pay off or bring current non-dischargeable debts. People often use this approach when dealing with tax debts or court-obligated debts like child support.

Bankruptcy law gives you a great deal of opportunity, but it can also be confusing and complicated. This is why it’s so important to work with an experienced bankruptcy attorney.

For more information about filing or to find out whether you qualify to file for bankruptcy a second time, contact the Law Office of Robert M. Geller at 813-254-5696 to schedule a free consultation.

Archive

Video Testimonials

Tampa Bankruptcy Law Blog

Can You Cancel a Bankruptcy?

Bankruptcy is an option that can save individuals and businesses from financial ruin. However, the process can be a long...
Read More

Does Bankruptcy Clear Child Support Arrears?

Bankruptcy is a legal process that provides relief to individuals who cannot pay their debts. One common question among individuals...
Read More

Is Alimony Dischargeable in Bankruptcy?

One of the biggest concerns that people have when considering bankruptcy is the effect on their financial obligations, including spousal...
Read More

Should You File Bankruptcy Before or After Divorce?

Marriage and finances can be a tricky combination. Timing is also an issue when it comes to filing for bankruptcy....
Read More

What’s Better Bankruptcy or Debt Settlement?

The idea of being trapped in debt can be overwhelming and all-consuming. Financial struggles can happen to anyone through no...
Read More

Can I Keep One Credit Card During Bankruptcy?

The decision to file for bankruptcy is never easy. People considering this option often struggle with financial stress, debts, and...
Read More

How Does Inflation Affect Credit Card Debt?

Credit card debt can be overwhelming. This is especially true during times of inflation. What is Inflation? Inflation is a...
Read More

Can Personal Bankruptcy Affect My Business?

If you’re a business owner considering filing for bankruptcy, it’s important to understand how this decision impacts your business. From...
Read More

Can You File Bankruptcy with Money in the Bank?

Bankruptcy is a serious decision and has major consequences on your credit as well as your overall financial situation. If...
Read More

Will Declaring Bankruptcy Affect My Spouse?

Are you considering declaring bankruptcy? Are you married? If so, you may be wondering how it will affect your spouse....
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions