Although they say that lightning never strikes twice in the same place, it isn’t unusual for multiple financial setbacks to occur to the same family. If you have filed bankruptcy before, and find yourself in need of bankruptcy protection again, what are your options?
The answer, according to the Bankruptcy Code, is almost completely dependent on the type of chapter you are using.
If you previously filed Chapter 7 bankruptcy, you must wait 8 years before you can receive another Chapter 7 discharge. You must wait 4 years before you can obtain a Chapter 13 discharge. Note that you don’t have to wait four years to file. The Chapter 13 discharge date (completion date) must be at least four years after the prior Chapter 7 discharge.
If your previous bankruptcy was a Chapter 13, the refilling rules are a bit more complicated. If you now want to file a Chapter 7, and less than 70% of your unsecured debts were paid through the previous bankruptcy, you must wait 6 years. If more than 70% was paid, there is no waiting period. If you want to file a subsequent Chapter 13, you must wait two years.
There is one final point: never accept legal advice from anything you see on the Internet!! If you need to file bankruptcy a second or even third time, call the law office of Henley and Henley, P.C., for your free consultation.