When can you file a second bankruptcy case?

by DeLadurantey Law Office, LLC on December 24, 2013

When can you file a second bankruptcy case?Many people are concerned that if they have previously filed a Chapter 7 or Chapter 13 case, they will not be allowed to file another bankruptcy case. While the law does limit your ability to do this, it is possible to file a second case. To determine whether you will be allowed to file a second bankruptcy case, the court looks at what type of case you filed the first time and whether you received a discharge of your debts.  In most cases, you can file a new bankruptcy case at any time if your prior filing was dismissed and you did not receive a discharge order from the court.

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

  • you can file another Chapter 7 case and receive a discharge after 8 years from the day your first case was filed.
  • you can file a Chapter 13 bankruptcy and receive a discharge after 4 years from the day your first case was filed.

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

  • you can file a Chapter 7 bankruptcy and receive a discharge after 6 years from the day your first case was filed.
  • you can file another Chapter 13 bankruptcy after 2 years have passed from the time you filed your first case.

If you have a prior bankruptcy filing and you are considering filing another Chapter 7 or Chapter 13 case, it is essential to obtain the assistance of a skilled bankruptcy lawyer.

Contact The “Milwaukee Bankruptcy Attorneys,” DeLadurantey Law Office. LLC.   DeLadurantey Law Office focuses on Chapter 7 and 13 bankruptcy, debtor’s rights, debt negotiations, debt relief, mortgage loan modifications, and foreclosure defense.  A “defender of the little guy, “DeLadurantey Law Office serves the following location – Milwaukee, South Milwaukee, West Milwaukee, Waukesha City, Waukesha Town, Kenosha, Racine, and all other municipalities in Milwaukee County, Waukesha County, Kenosha County, and Racine County.  We can be contacted by phone: (414) 377-0518 and can be found on the Internet and on Facebook.

 

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