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How Soon Can I File Bankruptcy?

If you have never filed bankruptcy before, you may file for bankruptcy as soon as you and your attorney feel you are ready, and certain eligibility and pre-filing requirements are met.

If, however, you have filed bankruptcy in the past, you may have to wait a few years to file, depending on whether you previously filed for Chapter 7 or Chapter 13. But it is certainly possible to file more than one bankruptcy.

To speak with an attorney in your area about the timing elements of bankruptcy, fill out the questionnaire below to arrange a free initial consultation.

How Soon Can I File Another Bankruptcy?

If you have filed bankruptcy in the past, you may be wondering: "how soon can I file another bankruptcy?" The answer to this depends on which chapter of bankruptcy you previously filed, and which chapter you plan to use next.

Generally, there is no limit to the number of personal bankruptcies a person may file, but there is a required period of time a person must wait between bankruptcy discharges.

In brief, here are the time limits between different combinations of Chapter 7 and Chapter 13 bankruptcy:

  • A person must wait eight years between two Chapter 7 bankruptcies.
  • A filer may only wait two years between two Chapter 13 bankruptcies.
  • There is a four year waiting requirement if a person has filed a Chapter 7 bankruptcy and wishes to file for Chapter 13.
  • Finally, a person must usually wait 6 years after filing for Chapter 13 before they can file Chapter 7.

Every situation is unique and, depending on state bankruptcy law, may have different requirements. To learn more about your local laws, you may wish to speak with a bankruptcy attorney in your area.

Contact a Local Bankruptcy Attorney

The differences in timing between an initial filing and a discharge, as well as the decision to file Chapter 7 or Chapter 13, are enough to make a person's head spin.

Keep in mind, though, that many people have filed multiple bankruptcies. In fact, there are many circumstances in which filing bankruptcy a second time may make financial sense.

To learn more about how long you must wait before you file bankruptcy in your jurisdiction, contact a local bankruptcy lawyer today.


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