Can I File a Second Bankruptcy?

Federal law allows consumers to file bankruptcy repeatedly as long as they adhere to the mandatory time intervals between filings. The type of bankruptcy you filed previously affects when you will be able to file a second time.

Chapter 7

You must wait eight years before filing a second Chapter 7 bankruptcy if your original Chapter 7 bankruptcy was discharged. If your previous bankruptcy was a Chapter 13, you only need to wait six years to file a Chapter 7.

Chapter 13

You will have to wait two years after filing a Chapter 13 bankruptcy before you can legally file another one. If your previous bankruptcy was a Chapter 7, you are required to wait four years.

Dismissed Bankruptcies

If you do not adhere to the court's orders or you withdraw your bankruptcy when a creditor requests exclusion from an automatic stay, your bankruptcy filing will be dismissed. After a dismissed bankruptcy you will be required to wait a minimum of six months before filing for bankruptcy a second time.

Automatic Stay

An automatic stay to prevent collection activity and foreclosure can be reduced to 30 days if you filed for bankruptcy within the previous year and the bankruptcy was dismissed.

Considerations

The time period you must wait before filing a second bankruptcy begins on the date you filed the original bankruptcy, not on the date the original bankruptcy was discharged.

References

• Consumer Bankruptcy: How Often Can I File For Bankruptcy?