BANKRUPTCY VIDEOS
- Introduction to Bankruptcy
- Types of Bankruptcy
- Limits of Bankruptcy
- Filing for Bankruptcy
- Meeting of Creditors
- Bankruptcy Court Hearings
- The Bankruptcy Discharge
- The New Bankruptcy Law
- The Credit Damage Myth
- Chapter 7 Bankruptcy Explained
- Chapter 13 Bankruptcy Explained
Blog
- Bankruptcy Options For Automobiles
- How Often Can I File for Bankruptcy?
- Will Filing Bankruptcy, Cause Me To Lose My Recreational Vehicle(s)?
- Am I Better Off Trying to Work with a Credit Counseling Agency?
- Will I Lose My Retirement Account If I File Bankruptcy?
A commonly overlooked benefit of bankruptcy is how it can modify the obligations you owe on your motor vehicles / automobiles. Many people who come to... Read more
How Often Can I File For Bankruptcy? You can file for Bankruptcy multiple times. However, certain time restrictions apply. These time restrictions... Read more
Assuming you own the recreational vehicle free and clear or have substantial equity in it, the answer as to whether you will be able to keep it depends... Read more
Honestly, I cannot think of any situation where working with a credit counseling agency would be better than filing bankruptcy. I would suggest pursuing... Read more
In nearly all bankruptcy cases, you will not lose your retirement account. The bankruptcy code specifically provides certain exemptions. These bankruptcy... Read more
How Bankruptcy Law Protects You
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How Often Can I File for Bankruptcy?
How Often Can I File For Bankruptcy?
You can file for Bankruptcy multiple times. However, certain time restrictions apply. These time restrictions are governed by three basic circumstances. These three circumstances are: (1) refilling after your case has been dismissed without a discharge; (2) refilling after you previously received a Chapter 7 discharge and; (3) refilling after you received a Chapter 13 discharge.
Re-filing After Your Previous Case Was Dismissed
The first circumstance arises when you previously filed a chapter 7 or chapter 13 bankruptcy and your case was dismissed without a discharge of your debts. In this circumstance, you can re-file a bankruptcy petition immediately. However, you must be aware that if you re-file within 12 months of your case being dismissed, the automatic stay only goes into effect for 30 days. Consequently, your attorney must motion the court to extend the automatic stay if you are re-filing within 12 months of your previous case being dismissed.
The Automatic stay will not go into effect at all if you had two or more bankruptcy cases dismissed within the last 12 months. But, your attorney can motion the court to instate the automatic stay. Finally, if your previous chapter 7 case was dismissed because you willfully failed to abide by a court order or failed to properly prosecute the case, you can be barred from filing a new bankruptcy petition for 180 days after your previous case was dismissed.
Re-filing After You Previously Received a Chapter 7 Discharge
The second circumstance applies if you previously filed a chapter 7 bankruptcy which was not dismissed and resulted in a discharge of your debts. In this circumstance, you can file for chapter 7 bankruptcy again, eight years from the date you previously filed your chapter seven bankruptcy petition. Or, you can file for chapter 13 bankruptcy 6 years from the date you filed your previous chapter 7 petition that resulted in a discharge of your debts.
Re-filing After You Previously Received a Chapter 13 Discharge
The third circumstance applies if you previously filed a chapter 13 bankruptcy that was not dismissed and resulted in a discharge of your debts. In this circumstance, you can file chapter 7 bankruptcy four years from the date you filed your previous bankruptcy petition. You can file for chapter thirteen again two years from the date you filed your previous chapter thirteen bankruptcy petition that resulted in a discharge of your debts.