Can a Person File for Bankruptcy More Than Once?
You can theoretically file a bankruptcy petition whenever you want, simply by completing the forms and submitting them to your local bankruptcy clerk. However, if you want to receive a bankruptcy discharge, you must observe court rules regarding your previous petitions. If you have received a discharge in the past, or if the court recently dismissed a petition you submitted, you may not be eligible to have your case heard until sometime in the future.
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After Dismissal
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If you submit a bankruptcy petition that doesn't meet court requirements, you may face dismissal of your case. If the court dismisses your case due to a simple technical error, such as you forgetting to include a form or schedule, you can file again right away. You will have to pay the court filing fee again, as you are submitting a new petition.
After Dismissal With Prejudice
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In certain cases, the court may dismiss your bankruptcy petition "with prejudice," meaning there was more than a simple procedural error in your papers. Specific reasons for a dismissal with prejudice are if you violated a court order or if you filed a petition the court deemed fraudulent or an abuse of the bankruptcy system. The court can also dismiss with prejudice if you request a voluntary dismissal after one of your creditors filed for relief from the automatic stay. In the case of dismissal with prejudice, you cannot file a new bankruptcy petition for 180 days.
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After Previous Chapter 7 Discharge
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You must wait at least eight years between Chapter 7 bankruptcy petitions in order to receive a second discharge. The time period for discharge eligibility runs from filing date to filing date. You have to wait four years to file Chapter 13 after a previous discharge in a Chapter 7 case.
After Previous Chapter 13 Discharge
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The court shortens the waiting period to file bankruptcy again after a Chapter 13 discharge, since you have paid at least some of your outstanding debt through the mandatory Chapter 13 payment plan. To file Chapter 7, you must wait six years, rather than eight. To file Chapter 13 again, the wait is shortened from four years to two years.
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