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FAQ

How Soon Can I File a Second Bankruptcy?

Posted by Stefen K. Shamberg | Feb 04, 2023

If you have previously filed for Bankruptcy protection, and subsequently encounter additional financial issues, the time-frame you must wait to file another case varies depending upon several factors.  In regards to Chapter 7 protection, if you successfully received a Discharge in your original case, you must wait a minimum of eight (8) years from the date of filing before you may be eligible to seek such relief again.

However, if you previously filed a Chapter 7, received a Discharge and now plan to file a Chapter 13 Bankruptcy, the waiting period is only four (4) years, after which you could receive another Discharge through that case process.

Assuming you previously filed a Chapter 13, received a Discharge and now want to file a Chapter 7, a period of six (6) years must elapse.  Further, if you previously filed a Chapter 13, received a Discharge, and now need to file another Chapter 13, then you must only wait two (2) years before you become prospectively eligible.

Candidly, this myriad of time-frames can be confusing.  So the best way to determine your present eligibility for Bankruptcy protection is to properly consult with appropriate legal counsel.

About the Author

Stefen K. Shamberg
Stefen K. Shamberg

Originally from the Cleveland area, Stefen was principally raised in Mansfield, Ohio.  Upon graduating from high school he attended Kent State University obtaining a Bachelor of Arts Degree, majoring in Political Science.  Interested in the legal profession from an early age, he subsequently earn...

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