Hi. I'm Matt McArthur, bankruptcy attorney at Clear Council Law Group. Today, I want to discuss the waiting times between different chapters of bankruptcy. If you filed for bankruptcy in the past, are you able to file again, and if so, how long do you have to wait?
This answer varies, depending upon the facts of your particular situation. If you've filed for bankruptcy before, there is going to be a waiting period between when you can file again, if your first case, or your previous case was successfully completed, and you received a discharge.
If you didn't receive a discharge, and your case was dismissed, then, there's no waiting periods.
The Waiting Period Depends Upon Which Chapter You Filed Under Previously
For an individual that has filed for chapter 7 bankruptcy, and is looking to file for chapter 7 bankruptcy again, it's 8 years between filing dates. For an individual that's filed 13 the first time, and is looking to file for 13 again, the waiting period is 2 years between the filing dates.
If you're mixing and matching chapters, from 7 to 13, or 13 to 7, the waiting period can be 4 or 6 years, depending. This is a bit of a tricky issue to figure out, if you're not sure exactly where you stand.
One of the most common questions that I get, or uncertainties that I come across with people coming in for a free consultation is, I'll ask them if they've ever filed bankruptcy before, and if so, when? Many people aren't sure. It's been years.
Quite frankly, it's something that they wanted to put out of their minds, or it's been so long that they just simply don't remember.
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If You Do Not Remember When You Previously Filed, I Can Help
I have a way of looking up the exact date. If you're uncertain about when you filed for bankruptcy, please come in and see me.
I can help you figure out the exact date of when you filed, when you'll be able to file again, and what chapter's most appropriate for you, and how long we would have to wait, depending on what chapter you filed the first time, whether it was successfully completed, and what chapter you're looking to file this time, based upon your current circumstances.
Again, this can be a very important issue if not taken seriously. If you were to file before the waiting time frame has passed, then you are ineligible for a discharge, and the bankruptcy won't do you any good if you file one.
It's important that you deal with somebody, or have somebody helping you that is familiar with the law, that can help you navigate these issues.
Please come in and see me.
I can most definitely do that in a free consultation.
Again, the advice is free, so please come in and get it.
We can give you the information, so that you can make the best decisions for you, moving forward.
Hope to hear from you soon.