Yes, you can file bankruptcy even if you have filed in the past; however, there may be a required waiting period you must first meet before you can file again. The waiting period depends on what chapter of bankruptcy you filed previously and what chapter of bankruptcy you would like to file this time. Additionally, it is important to point out that the waiting periods only apply to people who actually received a discharge in their previous bankruptcy. If you just filed a bankruptcy and it was dismissed for whatever reason then you are free to file another bankruptcy whenever you would like.
Waiting Periods after a Discharged Bankruptcy:
If you previously filed a Chapter 13 bankruptcy and would like to file another Chapter 13 then you must wait 2 years from the discharge date. If you previously filed a Chapter 13 and would like to file a Chapter 7 then you must wait six years from the date of filing the 13.
Now if you previously filed a Chapter 7 bankruptcy then the waiting periods are a little different and the time is measured from the date of filing. If you previously filed a Chapter 7 and would like to file a Chapter 13 then you cannot received a Chapter 13 discharge within 4 years of filing the Chapter 7. If you previously filed a Chapter 7 bankruptcy and would like to file another one then you must wait 8 years to file the second bankruptcy from the date the first bankruptcy was filed.
Do I have to wait if my case was dismissed?
If your case was dismissed then you can re-file the bankruptcy at any time. If your case was dismissed it is if your bankruptcy was never filed, with one notable exception. The automatic stay of bankruptcy will be automatically lifted within 30 days unless a motion is filed and a hearing is set and held before the 30 days expires.
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