Do Not Assume You Can’t File Again
People are often confused about whether they are allowed to file bankruptcy more than once. In most cases, filing bankruptcy again is possible, although you may need to file a different chapter of bankruptcy. Multiple filings is a complex issue that should be handled by an experienced bankruptcy attorney.
The laws governing filing multiple bankruptcies have changed, and there are numerous exceptions to them. To determine whether you may be eligible to file bankruptcy again, you should speak with a lawyer. Please call The Law Offices of Chad M. Hayward, P.C., in Illinois at 312-867-3640 or contact us online to schedule a free consultation.
We Will Explain Your Options
One of the most common misconceptions about bankruptcy is that you must wait eight years to file again. In general, people are allowed to file Chapter 7 bankruptcy only once every eight years. However, you may be able to file Chapter 13 if you need to file again within eight years.
There are rules about how long you must wait until you can receive another discharge. You will not be entitled to a Chapter 7 discharge if you previously received a discharge in a Chapter 7 or 11 bankruptcy within eight years of the new filing. If you received a Chapter 12 or 13 discharge within six years of the subsequent filing, you also cannot receive a Chapter 7 discharge.
Under Chapter 13, you must wait four years to receive a discharge if you previously received a discharge in a Chapter 7, 11 or 12 bankruptcy. If you are filing Chapter 13 a second time within two years, you are not eligible for a second discharge.
Some filing restrictions apply if there were problems with a recent bankruptcy. You are not allowed to file bankruptcy if you had a prior case dismissed within the past 180 days for failing to pay filing fees, failing to attend the 341 meeting or failing to comply with a court order.
Chicago Multiple Bankruptcy Filing Attorney
Reach us to schedule an appointment at any one of our local community offices by calling 312-867-3640.