It's not uncommon that people who have filed bankruptcy in the past feel the need to file again. Whether you can file again depends on the type of bankruptcy you previously filed - and what type of bankruptcy you want to file now.
Type of Bankruptcy
If your previous bankruptcy was a Chapter 7 (liquidation), which erases nearly all of your debts, then the law requires that you wait 8 years from your previous filing date before you can file a Chapter 7 bankruptcy again.
If you previously filed another type of bankruptcy, then you don't have to wait as long. The details are complicated, so if you're considering another bankruptcy, I invite you to call me and let's discuss your current situation.
The "automatic stay" granted by the Federal Bankruptcy Court, which stops creditors from taking or continuing any collection action against you, might not be available to you. Here are specifics:
If the Federal Bankruptcy Court dismissed two or more of your bankruptcy cases within the past year, then the Court will not grant you an automatic stay. If the Court dismissed only one of your bankruptcy cases in the past year, then the Court will grant you an automatic stay for only 30 days.
In both of these cases, your lawyer can ask the Bankruptcy Court to lengthen the automatic stay. It may or may not do so based on your circumstances.
If you are in the Chicago area and are considering filing for a second bankruptcy, please give me a call to discuss the specifics of your individual situation to see if you qualify to file for bankruptcy again in Illinois. I am a Chicago bankruptcy and financial rescue lawyer with years of experiences serving clients throughout the state of Illinois. I help people solve their serious financial problems, including bankruptcy, avoiding foreclosure, debt management and tax defense. I am available to help you in any way I can, please call or send email me at [email protected].
Our Rating is calculated using information the lawyer has included on
their profile in addition to the information we collect from state
bar associations and other organizations that license legal
professionals. Attorneys who claim their profiles and provide Avvo
with more information tend to have a higher rating than those who do
What determines Avvo Rating?Experience & background
Years licensed, work experience, education
Legal community recognition
Peer endorsements, associations, awards
Legal thought leadership
Publications, speaking engagements
This lawyer was disciplined by a state licensing authority in .
Disciplinary information may not be comprehensive, or updated. We recommend that you always check a lawyer's disciplinary status with their respective state bar association before hiring them.