If you have already filed for bankruptcy once, it is possible to reapply for bankruptcy again. However, there are time limitations for getting rid of debts after you receive a discharge under either chapter 7 or 13 bankruptcy.
Time Limitation to apply for Discharges
There is no time limit for filing for bankruptcy a second time. However, if you do so within a very short period of time, you will not be eligible to get a discharge – forgiveness from a debt. Also filing for bankruptcy will end up being a waste of time and money. Hence it is important to understand how to time your bankruptcy filings.
If you wish to file under the same bankruptcy chapter
Chapter 7 – The time-period is 8 years if you wish to re-file for bankruptcy under chapter 7
Chapter 13 – You can file for Bankruptcy under Chapter 13, after 2 years from the last filing date.
If you wish to file under a different chapter
If you file for bankruptcy a second time but under a different chapter the waiting period are –
· If you want to file for Chapter 7 after Chapter 13- if you wish to file for bankruptcy a second time under Chapter 7, and previously you had filed under Chapter 13, then you need to wait for 6 years from the date of filing for chapter 13.
· If you want to file for Chapter 13 after Chapter 7 – if you want to file for bankruptcy under chapter 13, you will have to wait for 4 years since you got your discharge under Chapter 7.
Situations when filing for a second time without a discharge
Under certain circumstances, all you need is time rather than a discharge. For example, if you have a certain tax amount to pay that you couldn’t get discharged in bankruptcy, and if you fail to do so, it can be collected by garnishing your wages. So in such a situation, you can file for bankruptcy under Chapter 13 wherein you can distribute your payment between 3-5 years repayment plan.
However, not a lot of courts permit this process also, it can get quite tricky if you get a Chapter 7 discharge and then file again for a chapter 13 wherein you can make payment by showing that you have a source of income to pay. Therefore, it is important that you refer to a local bankruptcy attorney before deciding to go ahead with the filing of bankruptcy the second time. If you are in Dallas, you can book an appointment – Call: 888-297-6203.
Situations when you did not receive a discharge in the first case
It is possible to get a discharge the second time if you didn’t receive one the first time you filed for bankruptcy. However, you might not be able to get the automatic stay if you file for bankruptcy in quick succession.
· The court dismissed your first case – You can re-file for bankruptcy again except if the court orders that you cannot. You may have to wait for 180 before re-filing in circumstances where you disobeyed a court order or did not appear on the day of the hearing. Also if you had voluntarily dismissed the case, then also you need to wait for 180 days.
· The Court Denied Discharge – In this circumstance you will be able to refile, but will not get any benefit of discharge of your debts.