Jun. 07, 2021
Multiple bankruptcies: Is it possible? Find Out
Multiple bankruptcies: Is it possible? Many people assume that after filing one bankruptcy charge, they can’t file another. This isn’t true. On the contrary, bankruptcy law allows debtors to file a similar or different bankruptcy charge as many times as they wish.
The caveat is that you might not be eligible for another debt discharge if you file too soon hence the need to enlist the help of a bankruptcy attorney Greensboro NC, from the Law Office of Mercedes O. Chut P.A to advise you. We explain how often you can file for bankruptcy.
Benefits of Bankruptcy
While filing for bankruptcy affects one’s financial health for years, it provides some benefits to debtors. They include:
- Get an automatic stay against creditors: This means all debt collection proceedings are suspended until the bankruptcy case is completed
- You can discharge debts like medical and utility bills, personal loans, and credit card debt
- Bankruptcy protects your property from being seized
How Many Times Can One File Multiple Bankruptcies: Is it Possible?
Yes, it’s possible to file multiple bankruptcies. However, Bankruptcy law doesn’t set a minimum period debtors can wait before filing for bankruptcy. What matters is the timing of the subsequent bankruptcies. A bankruptcy attorney Greensboro NC cites that the timeframe differs based on two factors: the type of Bankruptcy chapter you filed and the outcome. Our bankruptcy attorney in Greensboro NC provides a brief overview:
Successive Chapter 7 cases: If you had filed Chapter 7 bankruptcy, you must wait eight years before filing a second case
Successive Chapter 13 cases: If filing another Chapter 13 bankruptcy case, you must wait two years to receive another discharge under a similar filing
Filing Chapter 7 after Chapter 13: In this case, you must wait six years before filing for a Chapter 7 discharge. And if you have paid some creditors (unsecured) in full or 70% of the debt, you might not wait for long
Filing Chapter 13 after Chapter 7: If the court granted a discharge under Chapter 7, you must wait for four years from the time you filed it before filing another bankruptcy charge under Chapter 13
The outcome of the first bankruptcy also determines if you can file again. For example, if you didn’t receive a discharge during the first case, a bankruptcy attorney in Greensboro NC may advise you to file a second time.
Similarly, if the court dismissed the first case, you can file again after 180 days if you failed to obey the court order or appear in court. Another outcome that may prompt a second filing is if the court denied you a discharge. This is an unusual occurrence that needs the help of our bankruptcy lawyers in Greensboro NC.
How a Lawyer Can Help Answer Questions
Multiple bankruptcies: Is it possible? Yes, it is. This brief piece explains the different scenarios you’d file for bankruptcy again. The procedures and protocols for filing for bankruptcy again are complex hence the need to contact our bankruptcy lawyers in Greensboro NC from the Law Office of Mercedes O. Chut P.A. Having dealt with other such cases, you’ll find all the help you need in filing and having your debts discharged.
