How Long do You Have to Wait to File Bankruptcy For The Second Time?

Many people feel embarrassed to file for bankruptcy. This is unfortunate because our firm understands that people from all walks of life may need to file for various reasons. However, this sense of shame may be further compounded if you now need to file a second or subsequent time. Do not let this feeling prevail. Our firm is here to tell you that many people require bankruptcy more than once. Unexpected things happen in life–things that may be beyond your control. Whatever your case may be, our firm is ready to fight on your behalf. Please read on and speak with our experienced New York bankruptcy attorney to learn more about filing for bankruptcy a second time.

How long do I have to wait to file for bankruptcy a second time?

Many people are relieved to learn that even if they have filed for bankruptcy in the past, they may file again, as long as they qualify. Unfortunately, there are limitations on filing, and if you have already filed within a certain period of time, you will most likely be denied your right to file again. The limitations on filing for bankruptcy are as follows:

  • If you wish to file a new Chapter 13 case after a previous Chapter 13 case, you will have to wait two years between filing dates to receive a discharge of your debt
  • You must wait four years between filing dates to receive a discharge to file a Chapter 7 case after a previous Chapter 13
  • To file a Chapter 7 case after previously filing a Chapter 13 case, you will have to wait six years between filing dates to receive a discharge of your debt
  • If you wish to file a new Chapter 7 case after a previous Chapter 7 case, you must wait eight years between filing dates to receive a discharge of your debt

It should be noted, however, that in certain situations, courts may make an exception and allow you to file before the legally-acceptable period of time is up. However, you cannot do so without the assistance of an experienced bankruptcy attorney who is ready to fight for your right to a fresh start. If you think you qualify for a second or subsequent bankruptcy filing, please do not hesitate to reach out to our knowledgeable bankruptcy firm.

Contact our experienced New York bankruptcy firm

Bankruptcy, for many people, is a frightening endeavor. Fortunately, with the help of an experienced attorney, it does not have to be. If you require the services of an experienced Business Law or Bankruptcy attorney, contact the Law Offices of Allen A. Kolber, Esq. today to schedule a consultation and discuss your options. We will have your back every step of the way.