How Soon After a Chapter 13 Is Dismissed Can You File Again

We get many calls from prospective and previous clients confused virtually their options to refile for bankruptcy following the belch or dismissal of a prior example. The common questions are:

• How many times can y'all file bankruptcy? The time between bankruptcies varies depending on the type of bankruptcy your originally filed. You can generally re-file for a Chapter xiii bankruptcy every 2 years and a Affiliate seven bankruptcy every 8 years.

• My case was successfully discharged but I need help once again, what tin I do?

• Is there a certain period of fourth dimension that I take to wait before I can file over again?

• Will I be penalized for re-filing?

• Take the laws changed since last fourth dimension I filed?

It tin be complicated and unfortunately nosotros accept establish that some attorneys are actually misinformed themselves nearly what the rules are for re-filing a Chapter 7 or Affiliate xiii defalcation. There are a number of factors that go into how many times you can file bankruptcy. As long equally you lot run across the income requirements and were not previously barred by the courtroom, you should be able to refile subsequently a few years. Proceed on to read about the differences in refiling for Chapter 13 vs. Chapter seven bankruptcies.

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Rules for Re-filing Bankruptcy

Refiling a Chapter 13 Defalcation or Filing a Chapter 13 afterward a Chapter 7 Discharge

You can refile a Affiliate thirteen at any fourth dimension as long as you meet the income requirements and were not previously barred by the court (this is very rare). Past refiling a example, you accept full courtroom protection from your creditors, including home foreclosure, vehicle repossession, judgments and garnishments, etc). Depending on the timing of your last case, nosotros may need to take an additional stride to ensure that this protection continues. Nosotros do this by drafting and filing a Motion to Extend Stay. Your income requirements and previous court rulings can decide how many times yous can file bankruptcy.

The main difference when filing a Chapter 13 after a Affiliate 7 or refiling a Chapter xiii case is eligibility for a court discharge of debt. A discharge allows you lot to legally eliminate any unpaid portions of your unsecured debt obligations (such as credit cards, medical bills, personal loans, loan deficiency debt, etc). The timing rules for obtaining a court belch are:

• 4 years afterward the filing date of a Affiliate 7 defalcation you are eligible to receive a discharge if you file a Chapter 13 debt consolidation plan.

• two years after filing a Affiliate 13 defalcation.
  Again, even if you are not eligible for a discharge based on a previous case filing, you lot can still file and benefit from full court protection and reduced debt payments for the plan elapsing.

Refiling a Chapter 7 Bankruptcy

You tin file a Affiliate seven bankruptcy every 8 years from the appointment of your previous Chapter vii filing date. You would need to ensure y'all nevertheless qualified to file based on other factors such as:

• Total household income;
• Disinterestedness and assets in your personal and real property;

Time Menses Between Bankruptcy Discharges

Prior (First) Case:	Chapter seven	Chapter thirteen
Electric current Type of Instance/Affiliate	Years Until Next Available Discharge
Affiliate 7	viii Years	6 years, unless the plan in the prior example paid 70% or more to unsecured creditors
Affiliate 13	4 years	2 years

Filing Dates Command: All fourth dimension periods get-go and end on the defalcation petition filing date for each instance, except for cases converted from one chap ter to another. The discharge date is always irrelevant.

Consecutive Chapter 7 Bankruptcy Cases:

If the debtor receives a Chapter 7 discharge in the first instance, he/she volition not be able to receive a discharge in a after filed Chapter seven case unless at least 8 years pass between the filing of the bankruptcy petition in the first and 2d case.

Consecutive Chapter 13 Bankruptcy Cases:

If the debtor receives a Chapter 13 discharge in the first example, he/she volition not be able to receive a belch in a subsequently filed Chapter 13 case unless at to the lowest degree 2 years laissez passer between the filing of the bankruptcy petition in the first and second example.

Chapter 7 Followed past a Affiliate 13:

If the debtor receives a Affiliate seven discharge in the first case, and the second case is a Affiliate thirteen case, he/she volition not be able to receive a discharge in the Chapter 13 example unless at least 4 years pass between the filing of the bankruptcy petition in the starting time and second instance.

Chapter thirteen Followed by Chapter 7:

If the debtor receives a Chapter 13 belch in the showtime case, and the second case is a Chapter 7 case, he/she will not be able to receive a discharge in the Chapter 7 case unless at to the lowest degree 6 years pass between the filing date of the bankruptcy petition in the kickoff and second instance.

Reasons for Re-Filing

Chapter thirteen

• Previous Affiliate 7 filing: They successfully discharged from a Chapter 7 bankruptcy and need debt relief and court protection again, but do non qualify to refile a Chapter vii based on discharge timing or other qualifications. You can file a Chapter xiii bankruptcy immediately later on a Chapter 7 discharge or dismissal. You lot are eligible for a Chapter 13 belch of debts if it has been over four years from the date of your previous Chapter seven filing.
• Discharge:Their previous case was successfully discharged only they now need help again with their debts and/or protection from their creditors. This could be due to:
  • Change in circumstances, such as an temporary loss of income, under-employment or a lawsuit.
  • Prior case did not or could not accost all debt resolution goals. Refiling a defalcation is a viable option complete all these efforts.
• Dismissal: The main reason for a Affiliate 13 case to get dismissed is due to chronically missed plan payments, failure to appear at the mandatory 341 courtroom hearing (without notice or a valid reason) or missing documentation required by the Trustee or courtroom (such as copies of tax returns, pay stubs, etc.)

If you lot are facing a dismissal of your case, your attorney should be there to support y'all in this process. Examples of steps our business firm takes to ensure a discharge and avoid dismissals are:

• Annual case reviews to review payment history and monitor any changes in circumstances that might warrant a medication of the Chapter thirteen plan.
• Reminder calls and letters to client earlier all required hearings. If clients have a valid reason for missing a hearing, nosotros promptly file an affirmation with the court to reschedule the hearing.

If you re-file within one year, your attorney is required to file a motion petitioning the court to extend your court protection (the "automated stay" protection) from creditors (foreclosure, etc.) across a 30 twenty-four hour period period. The purpose of the "Motion to Extend the Automatic Stay" is to demonstrate that your new example is filed in good faith. Motions need to exist filed on time and supported past an affirmation by the debtor (drafted past experienced attorney) explaining the circumstances and why the new case presents a amend opportunity to succeed.

There are certain circumstances that can bar a re-filing when a debtor voluntarily dismisses his or her prior instance. Further, a defalcation guess can enter an gild disallowment the re-filing of a example if the judge determines that the filer was abusing the arrangement to hinder or delay creditors versus using information technology as a tool to reorganize their debts. These orders are rare but a client's eligibility to re-file will always be confirmed when meeting with our attorneys.
For all of these reasons, it is essential to piece of work with an experienced constabulary firm to refile a instance.

Affiliate 7

You are eligible to file a Affiliate seven every eight years. The clock is reset from the time your example is filed, not discharged. The courtroom does not crave you to narrate or explain your reasons for needing to re-file. If yous did not receive a discharge (i.e., case was dismissed) after filing a prior Chapter seven, you may exist eligible to re-filing a subsequent Chapter 7 and obtain a discharge, depending on the circumstances surrounding your prior dismissal.

If you filed a Chapter 7 and obtained a discharge, merely fell into subsequent financial hardship within those 8 years, you can file a Chapter 13 at whatsoever fourth dimension. This would provide you with:

• Legal protection from your creditors (collections, dwelling house foreclosure, vehicle repossession, etc
• Courtroom-approved repayment program
• Opportunity to remove a second mortgage on your home
• Ability to improve your credit throughout the repayment process.

If you lot file the Chapter 13 at least 4 years later the Chapter 7 filing, you can eliminate a portion if not the majority of your unsecured debt obligations (credit cards, medical bills, etc) too as your second mortgage and received a court discharge from those debts. If you did non reaffirm your second mortgage when you filed your Chapter vii, you may be able to remove the second mortgage from the property with the apply of a Chapter thirteen whether it has been 4 years since the Chapter 7 or not.

Get Help from Acclaim Legal Services

Equally you can come across, there are many reasons why re-filing a defalcation may be necessary and beneficial. Further, in that location are several variables and nuances that dictate when and what protections can be established by a re-filed bankruptcy.

Contacting an experienced bankruptcy attorney should exist your first pace in the process of exploring your options on how many times can you file defalcation. We offer complimentary same-twenty-four hours bankruptcy evaluations.

Please call united states of america toll free at 866-261-82822 or schedule a consultation right now.

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Source: https://acclaimlegalservices.com/bankruptcy/filing/how-many-times-can-i-file-for-bankruptcy.html

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