Can You Declare Bankruptcy More Than Once?

If you find yourself in a position of financial difficulty after you filed for bankruptcy once, you may be wondering if you can file for bankruptcy again. If you have filed for bankruptcy before and received the discharge then the bankruptcy code states when you can file for bankruptcy again. If you did not receive any type of discharge for your previous bankruptcy it is likely that you will be unable to file for bankruptcy again without full consideration of time limits.

Ideally you would not file for bankruptcy until you receive a discharge on the previous bankruptcy. Waiting until after you have filed for bankruptcy and received discharge will allow you to file for bankruptcy again within the given time limits. The time limits within the state of Florida are set at eight years for you to file for Chapter 7 bankruptcy again. If you’re intending on filing for Chapter 13 bankruptcy before your chapter 7 bankruptcy has been discharged, your remaining debts will continue to survive the bankruptcy.

The Simplest Way to Refile

If you’ve received a full discharge from your chapter 7 bankruptcy and waited eight years from the date you filed the paperwork on your chapter 7 bankruptcy, you will be able to receive a full discharge from another chapter 7 bankruptcy case. If you attempt to refile for bankruptcy without waiting through the time period, the second case will result in a denial of discharge and you will be held legally liable for the debts that you hold.

You can file for Chapter 13 bankruptcy after waiting four years from the date that you filed your chapter 7 bankruptcy. If you filed for a chapter 7 case four years ago and you’d like to file for chapter 13 bankruptcy, you can do this legally and discharge your debts throughout a repayment plan.

You can declare bankruptcy more than once but you need to ensure that you are satisfying the conditions of bankruptcy accordingly. Contact us if you need answers regarding your options for the future and if you could file for bankruptcy again!

This post was written by Trey Wright, one of the best bankruptcy lawyers in Tallahassee! Trey is one of the founding partners of Bruner Wright, P.A. Attorneys at Law, which specializes in areas related to bankruptcy law, estate planning, and business litigation.

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  This website contains links to other third-party websites.  Such links are only for the convenience of the reader, user or browser; the ABA and its members do not recommend or endorse the contents of the third-party sites.

Show More

Related Articles

Back to top button