As there are certain eligibility qualifications which must be met before an individual can seek bankruptcy protection a second or subsequent time, it is important you understand the restrictions on multiple bankruptcy filings. Time restrictions on subsequent bankruptcy filings depend largely on whether you received a discharge of debt in your previous bankruptcy. If you did not receive a discharge, then you are likely eligible to file for either Chapter 7 or Chapter 13 without delay. Providing you received a discharge, here are the time limit restrictions that apply:
- For a subsequent Chapter 7 filing, you must wait at least 8 years from the original date of filing.
- For a subsequent Chapter 13 filing, you will be required to wait at least 2 years from the date of your previous filing.
- If you want to file Chapter 7 after filing for Chapter 13, you will have a 6-year wait from the date of your Chapter 13 filing. There are a few situations where you may be able to avoid the waiting period, providing that you were able to either pay all of your unsecured creditors in full during Chapter 13 or you paid no less than 70 percent of all of your Chapter 13 claims.
- If you want to file Chapter 13 after Chapter 7, you will have a 4-year waiting period.
- There are also circumstances where it could make sense for you to file for bankruptcy again regardless of whether you received a discharge in your original case. To find out if you fall into this category, we advise you to consult with one of our skilled bankruptcy attorneys right away.
If you have found yourself once again on the brink of bankruptcy, despite having filed in the past, it is essential you find a bankruptcy attorney in Oakland who can advise you on the correct way to proceed. The attorneys here at The Fuller Law Firm, PC are committed to providing our clients with supportive and personal representation throughout the bankruptcy process. We have handled all types of bankruptcy cases over the years and are well-versed in bankruptcy law. When you retain our legal services, you can trust you will be treated with the professionalism and respect you deserve. Our experience in the field makes us uniquely qualified to advise you on what steps can be taken to dramatically improve your chances of receiving a discharge and alleviating your financial woes. To get started, contact our firm and schedule to meet with an Oakland bankruptcy attorney right away.