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ARE YOU CONTEMPLATING BANKRUPTCY AND FILED A BANKRUPTCY PREVIOUSLY? WHEN CAN YOU FILE AGAIN?

Posted by Michael S. Anderson | Feb 22, 2013 | 0 Comments

again-thumb-375x343-60741 again-thumb-375x343-60741 When can you file bankruptcy again if you already filed?

If you filed a bankruptcy case before and are worried that you may need to use bankruptcy again, you are probably concerned about whether you can file a bankruptcy case again and discharge the debt.

The primary stumbling block for those who have previously filed, is whether or not they are barred from filing again and receiving a discharge of the debt because they filed a bankruptcy and received a discharge in the past.

There are other rules that pertain to your ability to file that have nothing to do with dates and I suggest that you speak to an experienced bankruptcy lawyer about those rules and those that follow here…but,

Here are the basic date rules:

If you want to file a chapter 7 bankruptcy now:

a. You can't have filed a chapter 7 bankruptcy within the last 8 years and received a discharge.

b. You can't have filed a chapter 13 bankruptcy within the last 6 years and received a discharge.

If you want to file a chapter 13 bankruptcy now:

a. You can't have filed a chapter 7 case within the last 4 years and received a discharge.

b. You can't have filed a chapter 13 case within the last 2 years and received a discharge.

If you file a case before these time frames have run, you may be able to file again, but you won't receive a discharge of debt. The key to understanding whether you will be eligible will be whether you actually received a discharge in the previous case. If the case was dismissed prior to the entrance of a discharge order, than the list above shouldn't apply to you.

The “Discharge” is a permanent Order of the Bankruptcy Court that prohibits certain creditors from taking any collection action including communication.

Determining whether and when you should file for bankruptcy can be a complex undertaking. Nuances like the one above add to the complexity. Make sure and have a qualified bankruptcy attorney fully analyze your situation before deciding to file…again.

About the Author

Michael S. Anderson

Michael Anderson has been representing Arizonans with tax debt problems for almost two decades and has helped his clients eliminate millions of dollars in tax debt. His tax debt practice is limited to helping individuals and the self-employed who have serious IRS and other debt problems. He provi...

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