When Can You File a Second (or Third, Fourth, Fifth, etc) Bankruptcy?

If you’re wondering, “when can I file a second bankruptcy?” take a look at the guidelines below. For absolute clarity, these bankruptcy timeline guidelines provide an overview of the various stages that all bankruptcies go through. Please note that specific circumstances may warrant deviation from the norm.

If unanticipated obstacles have stymied your path to financial stability, there is still a chance for recovery. Contact a skilled and considerate bankruptcy attorney if you’ve already filed for bankruptcy and fear you may need to do so again.

Can I File for Bankruptcy Multiple Times

Yes, you can. There is no time limit or other restriction on how many times someone can file bankruptcy in U.S. law, so there is technically no limit on when someone might choose to file another one at their own expense.

When Can I refile for Bankruptcy? 

Several factors, including the chapter of bankruptcy you initially filed under, will impact when you are legally entitled to petition.

Here are some of the factors that will determine when to refile for Bankruptcy:

  • Suppose you filed a Chapter 13 petition that was involuntarily discharged and wants to file a fresh Chapter 13 suit. A new case can typically be brought shortly, except if the court takes the rare step of adding a prohibition on refiling in the ruling dismissing the case. Suppose the previous case was ongoing within the previous 12 months. In that case, the automatic stay might lapse after 30 days in the new case except prolonged by the court on the basis of altered circumstances. If there were two prior cases ongoing in the last 12 months, there might not be an automatic stay, and hold has to be requested from the tribunal.
  • Suppose you applied for Chapter 7 and obtained clearance and wish to apply for Chapter 7 again and obtain a remission. In that case, a person must wait eight years from the date of the petition in the first case before applying for a subsequent Chapter 7 bankruptcy and receiving a discharge.
  • If you filed for Chapter 13, obtained clearance, and want to file for Chapter 13 again, you must wait for at least 24 months from the initial filing date before applying for a second 13 bankruptcy and obtaining a clearance.
  • If you file a Chapter 13or 7 lawsuit and the matter was voluntarily dropped following the filing of a Motion for Relief from Stay. In this situation, a debtor is not entitled to file for bankruptcy within six months of the dismissal of the first case.
  • If you file for Chapter 7 and wish to apply for Chapter 13 – an individual must wait four years from the initial case before filing if you wish to receive a discharge in the Chapter 13 case. Even if a clearance will not be issued, it is occasionally appropriate and valuable to file a chapter 13. This is especially relevant when a debtor attempts to halt a repossession or foreclosure but may also have other applications.

Why contact Fair Free Legal Services when filling out Bankruptcy 

Bankruptcy filing is one of the most complicated legal procedures. Due to the high stakes involved, you should contact an experienced bankruptcy attorney rather than attempting a DIY bankruptcy filing. Law firms such as Fair Free Legal Services can advise you on filing for personal bankruptcy. We may offer you a free consultation so that we can learn more about your case. We will also be able to answer any questions you have or address your concerns.

Business Name –  Fair Fee Legal Services (formerly Ballstaedt)

Address: 8751 W Charleston Blvd #220, Las Vegas, NV 89117

Phone Number: (702) 715-0000

Jeffrey Roberts

Emily Roberts: Emily, a former corporate lawyer, demystifies the world of law with clear explanations of legal principles, case analyses, and insights into the legal profession. Her blog is a valuable resource for law students, legal professionals, and anyone interested in law.