Can You File Bankruptcy Twice?


How much does it cost to file bankruptcy

Are you in a situation where you are wondering can you file bankruptcy twice? Many people may find themselves asking this very question. You filed bankruptcy in the past, and then due to unforeseen circumstances find yourself in debt once again. Then this question of can you file bankruptcy twice rise to the top of your list.

Well, the answer to can you file bankruptcy twice depends on certain situations. For instance, the answer depends on what type of bankruptcy you want to file and the length of time that has passed since your last bankruptcy filing and discharge. Can you file bankruptcy twice depends on the type of bankruptcy you filed previously, as well. Here is a brief look at some of the situations that will determine if you can file bankruptcy twice.

If you previous filed and were granted a Chapter 7 bankruptcy discharge, you can file again if eight years have passed. If you are considering filing a Chapter 13 bankruptcy after filing a Chapter 7 filing, that waiting period is four years. Now on the other hand, if you plan on filing a Chapter 7, after a Chapter 13 discharge then the waiting period is six years.

Then there are repayment questions that come up with the question of can you file bankruptcy twice. Depending on which type of bankruptcy you plan on filing and the previous type you filed may affect whether you can seek relief from debts that you owe. For example if you have a prior discharged Chapter 13 bankruptcy and plan to file another Chapter 13, you will need to wait two years. If you file before those two years are up, you cannot discharge your new case. This means that your prior bankruptcy may affect your ability to get a full discharge of debts under your new case.

As you can see, there are many intricacies to the question as to can you file bankruptcy twice. You should probably contact a San francisco bankruptcy lawyer to find out when to file for bankruptcy the second time and when should you file bankruptcy. A California bankruptcy attorney will be able to consult with you and discuss your situation as to questions about can you file bankruptcy twice.


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