Can I file for a bankruptcy for the second time? 18 Answers as of June 19, 2013

I filed for Chapter 13 3 years ago. I am now experiencing financial difficulties again. Will I still be allowed to file for bankruptcy when I have file for one before? If yes, is there any time requirement between application?

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Mercado & Hartung, PLLC
Mercado & Hartung, PLLC | Christopher J. Mercado
You can file another 13 2years after receiving your discharge, or a Ch 7 6years after receiving your discharge. Contact a local attorney for more specifics.
Answer Applies to: Washington
Replied: 2/29/2012
Bankruptcy Law office of Bill Rubendall
Bankruptcy Law office of Bill Rubendall | William M. Rubendall
You are eligible to file a second chapter 13 two years after your chapter 13 discharge. You are eligible for chapter 7 six years after the chapter 13 filing.
Answer Applies to: California
Replied: 2/29/2012
Philip R. Boardman, Attorney at Law
Philip R. Boardman, Attorney at Law | Phil Boardman
You are eligible to file another 13. You must wait 6 years to file a ch. 7 after from the filing date of the ch. 13.
Answer Applies to: Virginia
Replied: 2/29/2012
Janet A. Lawson Bankruptcy Attorney
Janet A. Lawson Bankruptcy Attorney | Janet Lawson
If you filed 3 years ago, did you get a discharge or was it dismissed? If it was dismissed you can refile. If you just got a ch13 discharge, it is hard for me to believe you are in trouble again as most orders of confirmation require court approval to incur new debt.
Answer Applies to: California
Replied: 2/29/2012
Ipson Law Firm, PLLC
Ipson Law Firm, PLLC | Michael Ipson
The time requirement on a Ch 7 is eight years and for a Ch 13 it is six years. Either way you are eligible to file for bankruptcy a second time.
Answer Applies to: Utah
Replied: 2/28/2012
    Joseph Lehn, Esq
    Joseph Lehn, Esq | Lehn Law, PA
    The answer to your question varies depending on the ending result of your previous Chapter 13 filing and depending on what Chapter you wish to file now. If your Chapter 13 was discharged, and you wish to file another Chapter 13, you will have to wait 2 years from the filing date of the first Chapter 13. If you wish to now file a Chapter 7, you will have to wait 6 years from the filing date of your previous Chapter 13. If your Chapter 13 was dismissed, you will have to wait 180 days after the dismissal to re-file.
    Answer Applies to: Florida
    Replied: 2/28/2012
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    What happened to the 13? Was it completed or was if dismissed? Makes a big difference.
    Answer Applies to: California
    Replied: 6/19/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    If you filed for chapter 13, the question is when was it discharged? Was it discharged 3 years ago or did you file 3 years ago so the case was just discharged? From your facts this is not clear. If you filed a chapter 13 case and obtained a discharge, usually you have to wait 4 years to file a case.
    Answer Applies to: California
    Replied: 2/28/2012
    Debt Relief Law Center | Roger J. Bus
    Yes- a bankruptcy lawyer can figure out if you are eligible to file again. You can file another 13 two years from the date of filing of the prior case if the previous 13 was completed. You can file another 13 immediately if the prior 13 was dismissed. You cannot file a Chapter 7 after a completed 13 unless you wait 4 years from the filing date of the prior Chapter 13.
    Answer Applies to: Michigan
    Replied: 2/28/2012
    Law offices of John P. Brooke | John Brooke
    You may be able to file another chapter 13. Generally if you were discharged you can file another ch. 13 two years from the date of the previous filing.
    Answer Applies to: New York
    Replied: 2/28/2012
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE).
    CONSUMER PROTECTION ASSISTANCE COALITION, INC. (DE). | Gary Lee Lane
    You should have 8 year wait.
    Answer Applies to: California
    Replied: 2/28/2012
    Neuhaus Law Office
    Neuhaus Law Office | Gregory M. Neuhaus
    Even though you have filed under Chapter 13 you will still be allowed to file under Chapter 7 or 13. You may only file under Chapter 7 every eight years.
    Answer Applies to: Nebraska
    Replied: 2/28/2012
    Carballo Law Offices
    Carballo Law Offices | Tony E. Carballo
    Can't file a Chapter 7 yet if you got a Chapter 13 discharge on a case filed three years ago. You can file another Chapter 13 case if you got a discharge in the last one. If you did not get a discharge in the case three years ago then there are no limitations on filing any kind of new case. It goes from filing date to filing date and not from discharge date.
    Answer Applies to: California
    Replied: 2/28/2012
    Ferguson & Ferguson
    Ferguson & Ferguson | Jackie Ferguson Graham
    If you were discharged from your last 13 then you have to wait 2 years to get another discharge in a 13 or 4 years for a 7. However that doesn't mean you can't file another 13, it just means you might have to pay your debt back. Of course if your last 13 was dismissed for say non-payment then you are not prohibited from refiling at any time.
    Answer Applies to: Alabama
    Replied: 2/27/2012
    Law Office of Stephen P. Dempsey
    Law Office of Stephen P. Dempsey | Stephen P. Dempsey
    You have to wait 8 years after your prior bankruptcy.
    Answer Applies to: New Jersey
    Replied: 2/27/2012
    Bodow Law Firm PLLC | Ted Araujo
    While you must wait at least 8 years between filing two chapter 7 (11 USC ? 727(a)(8)) bankruptcies (assuming you got your discharge) you need only wait two years between Chapter 13 cases (11 USC ?1328(f)(2)) 4 years between a 7 and a 13 (11 USC ? 1328(f)(1)) and six years between a 13 and a 7 (if the percentage to the unsecured creditors was under 70%) (11 USC ? 727(a)(9)). Please make sure you consult an attorney because you must fall under the definition of a debtor and you may have to take extra steps not normally performed in a Bankruptcy in order to make sure you are protected by the automatic stay (11 USC ? 362 et seq.) These times may also be greatly shortened if you did not get a discharge in the first case.
    Answer Applies to: New York
    Replied: 2/27/2012
    CS Hansley Law Firm | Chris Hansley
    You can only file once every 8 years.
    Answer Applies to: Florida
    Replied: 3/29/2012
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