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) refiling after your case has been dismissed without a discharge;
(2) refiling after you previously received a Chapter 7 discharge and;
(3) refiling after you received a Chapter 13 discharge.
Refiling 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 refile a bankruptcy petition immediately. However, you must be aware that if you refile 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 refiling within 12 months of your previous case being dismissed.
Bankruptcy Attorney Portland Oregon, Bankruptcy Records, Bankruptcy Lawyers In Knoxville TN,
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 again, 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.
Refiling 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.
Refiling 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.
Is Bankruptcy Right For You? Talk to Bankruptcy Attorneys Free and Confidential. Licensed bankruptcy attorneys are available. Attorneys will call you to discuss your case for free. Find out if bankruptcy is right for your situation.
Rating of Bankruptcy Lawyers Seattle
Get Online Application at online Bankruptcy Lawyer.
0 comments:
Post a Comment