Can I File Again?
Is it possible to file bankruptcy more than one time? The short answer is yes. However, this is a complex process that should be handled by an experienced bankruptcy lawyer. It is not a good idea to attempt a second filing on your own.
Rochelle D. Stanton Attorney at Law has nearly 30 years of experience. For the past 15 years, she has focused her practice solely on bankruptcy law. Whether you are just considering bankruptcy or have filed previously, she can provide guidance. To make an appointment with a Missouri bankruptcy eligibility attorney, please call 314-262-4390. Your consultation is free.
Basic Guidelines for Filing Bankruptcy Multiple Times
In general, people are allowed to file Chapter 7 bankruptcy once every eight years. For Chapter 7, you will not be entitled to a discharge if you previously received a discharge in a Chapter 7 or 11 bankruptcy filed within eight years of the new filing. If you received a discharge in a Chapter 12 or 13 bankruptcy filed within six years of the new filing, you are also not eligible for a Chapter 7 discharge.
For Chapter 13, you will not be entitled to a discharge if you previously received a discharge in a Chapter 7, 11 or 12 bankruptcy filed within four years of the new filing. If you received a discharge in a Chapter 13 bankruptcy filed within two years of the new filing, you are also not eligible for a discharge.
You are not allowed to file bankruptcy if you had a prior case dismissed within the past 180 days for failing to pay the filing fees, failing to appear at the 341 meeting or failing to comply with a court order.
The rules about filing bankruptcy more than once are complicated, and there are numerous exceptions to them. To determine whether you may be eligible to file bankruptcy a second time, you should speak with an attorney.
For a free consultation, please call our St. Louis area office at 314-262-4390 or contact us online.
