What happens if I file for bankruptcy twice? - Bankruptcy Law Questions and Answers- LawQA.com

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What happens if I file for bankruptcy twice?

I filed for bankruptcy a few years ago and not all my debts were discharged at the time. I have been struggling ever since to pay off these debts and would like to file again. Are there any consequences if I file twice? Will it make it impossible to build my credit again?

Mercado & Hartung, PLLC
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you can't file another ch 7 for 8yrs after discharge, or a ch 13 4yrs after your ch 7 discharge.

Answer Applies to: Washington
Replied: 8/24/2011

Answer By Mark Alonso
Financial Relief Law Center
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There are rules as to how often you can file bankruptcy. Also, if a debt wasn't discharged the first time, what has changed this time around that would allow you relief the second time around? Generally speaking, you having to wait 8 years in between chapter 7 filings and 4 years if you filed a chapter 7 previously and now want to file a chapter 13. If you filed a chapter 13 previously and now want to file a chapter 7 there may not be a waiting period, however, you would need to check to see what % of debt was paid in a prior 13 to see if there is a mandatory waiting period for a ch. 7 after having filed a chapter 13. I wouldn't say that it makes it impossible to rebuild your credit because you may still be able to repair your credit, especially if time goes on.

Answer Applies to: California
Replied: 7/25/2011

Theodore N. Stapleton, PC
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You can only get a chapter 7 discharge once every 8 years but you could file a chapter 13. Was your previous case a chapter 7?

Answer Applies to: Georgia
Replied: 7/25/2011

Answer By Janet Lawson
Janet A. Lawson Bankruptcy Attorney
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You can not get a second discharge in a Chapter 7 in less than 8 years. See a lawyer about a Chapter 13. I can't give you better advice because I don't know what wasn't discharged.

Answer Applies to: California
Replied: 7/25/2011

Answer By Michael A. Cox
Guerrieri & Cox
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You can file for bankruptcy more than once, but you may be looking at Chapter 13 if enough time has not passed. If you filed before under Chapter 7, you would have to wait 8 years for another Chapter 7, but could file a Chapter 13 within 4 years to seek a discharge under Chapter 13. I would first want to know more about the debts that were not discharged to make sure that there is nothing you could do about those debts.

Answer Applies to: Ohio
Replied: 7/25/2011

Answer By Alan D. Walton
Breckenridge and Walton
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Generally, if the debts existed at the time of filing, they are discharged, whether listed or not. You cannot file a second chapter 7 for a discharge of new debts for eight years from the first filing. You may file a chapter 13 to set up a reasonable repayment plan, even if you cannot get a discharge.

Answer Applies to: Michigan
Replied: 7/24/2011

Answer By Mark Markus
The Law Office of Mark J. Markus
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It won't make it any less possible to rebuild your credit than it was before. The real question is whether you're eligible to file a bankruptcy case now. There isn't enough information in your facts to answer that, but if your prior case was a Chapter 7 and you received a discharge, you must wait 8 years before you can file another Chapter 7 case in order to discharge debts. You can file a Chapter 13 case after 4 years have passed since your prior Chapter 7.

Answer Applies to: California
Replied: 7/23/2011

Dearbonn Law Offices
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You can file bankruptcy twice within an 8 year span. For example if you filed Bankruptcy last in 2003, you will be able to file again in 2011.

Answer Applies to: Washington
Replied: 7/23/2011

Bankruptcy Law office of Bill Rubendall
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You cannot get a chapter 7 discharge if you have had a discharge within the past 8 years. You may, however, be eligible for a chapter 13 payment plan.

Answer Applies to: California
Replied: 7/23/2011

The Northwest Debt Relief Law Firm
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If your prior filing was a chapter 7, you will need to wait eight years from the date of your last filing to file again.

Answer Applies to: Oregon
Replied: 7/23/2011

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