Bankruptcy Lawyer Discusses How Often You Can File a New Case

When you file bankruptcy, you hope that it will give you a fresh start and that you won't have to consider filing again in the future. In most cases, that is exactly what happens. However, circumstances such as medical debt, divorce, job loss, and other events not always in your immediate control may force you into the position of having to file a second bankruptcy. Before you decide if this is the right option for you, speak to a bankruptcy lawyer at Kovacs Law Office to ensure that you understand federal laws regarding multiple bankruptcy filings.

Federal Laws Governing Repeat Filings for Chapter 7 or 13 Bankruptcy

If you have already had a Chapter 7 bankruptcy discharged, you cannot file a new case for eight years. The restriction is six years if your previous bankruptcy was a Chapter 13. For Chapter 13 filings, you cannot receive a new discharge within two years of the last one or within four years if your previous bankruptcy filing was Chapter 7. You can typically file again if you did not receive a discharge in your last bankruptcy filing, regardless of which chapter you filed. The bankruptcy court may deny your request depending on the reason you did not receive a discharge the first time.

Schedule a Case Review to Understand Your Options

Facing bankruptcy for a second time is an extraordinarily stressful situation that may cause you to make poor decisions. At a time like this, it's important to work with an experienced bankruptcy attorney who is well-versed in federal law. We encourage you to contact us to determine whether you qualify to file again and to consider your other options if you are not eligible at this time.