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Filing a Second Bankruptcy Case

  • Jul 31 2015

If you have a prior bankruptcy and you are considering filing again, it is important to obtain the advice and guidance of an experienced attorney. There are certain limitations on when you can file a second bankruptcy case. The court will look at what type of case you previously filed and whether you obtained a discharge order. It is important to note that if you did not receive a discharge of debt in your previous filing, you can usually file a new bankruptcy case at any time. The general rules for filing a second bankruptcy case are as follows:

Chapter 7

If your first case was a Chapter 7 bankruptcy and you received a discharge from the court:

•you must wait 8 years from the date your first case was filed before you file another Chapter 7 case and receive a discharge

•you must wait 4 years from the day your first case was filed to file a Chapter 13 bankruptcy and receive a discharge

Chapter 13

If your first case was under Chapter 13 and you received a discharge from the court:

•in most cases, you cannot file a Chapter 7 bankruptcy and receive a discharge for 6 years from the day your first case was filed

•you must wait 2 years from the day your first case was filed to file another Chapter 13 bankruptcy

There are a few exceptions to these general guidelines, so it is important to confer with us to determine the proper timing for your second filing.

Contact our California Debtor Protection Law Firm with your questions, comments, and concerns regarding bankruptcy, or for a free consultation. Speak to a CA credit card lawsuit and collection harassment lawyer at our firm today.

Posted in: Bankruptcy