Financial problems can hit anyone anytime. However, there is no guarantee that despite your best efforts you might not hit a rough patch again. Many people are often confused that if they have opted for bankruptcy earlier to get rid of their debts, are they eligible to file for bankruptcy again? According to Dallas based bankruptcy law firm Recovery Law Group lawyers, if an individual has had a bankruptcy discharge previously, a certain time period is necessary before they can file for bankruptcy again. The various options available to people who have previously filed for bankruptcy are:
- If an individual has had a Chapter 7 bankruptcy discharged previously, they cannot get a discharge in Chapter 7 case until 8 years from the date of 1st Chapter 7 bankruptcy discharge. If such an individual opts for filing for Chapter 13 the second time, they need to wait for 2 years between the bankruptcy filings to get a discharge the second time. Chapter 13 discharge, in this case, cannot be granted prior to four years from the date of Chapter 7 discharge filing.
- If a person had previously received a discharge in a Chapter 13 bankruptcy case and wishes to file for a Chapter 7 discharge later, they will have to wait for a minimum period of 6 years from the Chapter 13 discharge date. However, certain exceptions are observed in this case. The individual needs to have paid their unsecured creditors in full as per the Chapter 13 plan or paid 70% of claims along with a statement providing good faith effort on your end to clear your debts.
You can contact bankruptcy lawyers at 888-297-6023 to get a better understanding of your options for filing bankruptcy again.