When Can I File Bankruptcy Again if I Filed in the Past?

February 13th, 2012 by Reed Allmand

Share on TwitterSubmit to redditShare via email

When Can I File Bankruptcy Again if I Filed in the Past?

Bankruptcy has helped many debtors resolve their financial problems but some consumers tend to think that once you file bankruptcy you can’t file again.  The federal government has time restrictions in place to keep consumers from abusing benefits but the good news is you can file bankruptcy again but the time limits between filings vary depending on the chapter previously filed.

If you filed a Chapter 7 bankruptcy, which allows qualifying debt to be wiped away or discharged, you’ll have to wait 8 years before you can file the same chapter again. This may vary if you filed but was not granted a discharge.  If you filed a Chapter 13 in the past, you may qualify to file a Chapter 7 in six years.

Chapter 13 bankruptcy restructures debt through a repayment plan for up to 5 years and you may be eligible to file Chapter 13 again after 2 years of getting a discharge from the previous payment plan.  If you filed Chapter 7 in the past but want to file Chapter 13, you can file after 4 years after getting debt discharged.

In some cases, the timeline to when you can file again may vary depending on the dismissal of your previous bankruptcy.  Some cases get dismissed before debt is discharged which can happen for a number of reasons such as failing to appear in court, incomplete paperwork or defaulting on a Chapter 13 payment arrangement.  If your case was dismissed for such reasons you may only have to wait 6 months to begin the process again.  Consult with a qualified bankruptcy attorney with questions or concerns.

Share on TwitterSubmit to redditShare via email
avatar

About Reed Allmand

Website

Allmand's vision is rooted in his own financially precarious childhood in Abilene "My father always had difficulty holding a job and supporting our family, so after my parents divorced when I was 12, my sister and I got jobs to help make ends meet," he recalls. "I remember what it felt like as a child to worry that our car would be repossessed or home foreclosed on."

View all posts by Reed Allmand

Subscribe

Subscribe to our e-mail newsletter to receive updates.

Leave a Reply

FAQ

Why do I need to submit a new wage order when I modify my plan

When we modify your bankruptcy plan we are changing your plan payments. This means that we have to get with your employer and change the terms and amount of your wage order. The only way we can do that is by filling out a new wage order form.  

Learn More
What happens if the stay terminates on my home?

If the bankruptcy stay terminates on your home that means that even though your in bankruptcy, your creditor can pursue all there legal remedies they can pursue if you were not in bankruptcy. This includes foreclosure, and having your house sold and evicting you from your house.

Learn More

Find Location

map
  • Dallas Bankruptcy

    5646 Milton Street, Ste. 120 Dallas, Texas 75206
  • Fort Worth Bankruptcy

    5601 Bridge Street # 300 Ft Worth, TX 76112

Meet Our Clients