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Understanding the Rules for Repeat Bankruptcy Filings

Even after getting a fresh start by filing for bankruptcy, it is possible to fall on hard times again. Whether due to an illness, job loss or something else, you may find yourself needing to consider a repeat bankruptcy. The good news is that you can file bankruptcy as many times as you need to throughout your life.

However, there are specific rules governing repeat bankruptcies, most of which relate to how much time must pass between filings. If your first bankruptcy ended without a successful discharge of your debts, you may be allowed to refile as soon as 180 days from the date of your original filing. Your first case may have been unsuccessful because you failed to appear in court, didn’t file all appropriate paperwork or ignored a court order.

If your debts were successfully discharged at the end of your first bankruptcy, then different time limits and waiting periods apply. The following time limits vary based on whether your first case was Chapter 7 or Chapter 13:

  • Chapter 7 after Chapter 7 — If your first Chapter 7 ended in successful discharge, you must wait eight years from the date of the original filing before filing Chapter 7 again.
  • Chapter 7 after Chapter 13 — Six years is the normal waiting period between Chapters 7 and 13. However, if you paid all your unsecured debts fully in Chapter 13, then the waiting period may be waived. Further, if you worked in good faith to repay creditors during Chapter 13 and managed to repay at least 70 percent, the six years may be reduced.
  • Chapter 13 after Chapter 7 — Here you have the option to file Chapter 13 immediately after your Chapter 7 discharge. This is known as a Chapter 20. But, if you choose not to immediately file the Chapter 13, then you will need to wait four years.
  • Chapter 13 after Chapter 13 — Filing a second Chapter 13 case requires a two-year waiting period. This, however, doesn’t happen often, because Chapter 13 plans are set up to last three to five years.

Adhering to these timelines is crucial for many reasons, including the fact that you could lose the automatic stay if you file a second case too soon. The automatic stay stops creditors from calling you and prevents debt collection attempts. Filing bankruptcy cases too close together may be viewed as an abuse of the system and the court can terminate your stay, removing one of the biggest benefits offered in bankruptcy.

At the Law Offices of Michael Jay Berger in Beverly Hills, our attorneys can advise you of all the rules surrounding repeat bankruptcy filings and potentially offer other debt relief alternatives. For a free consultation with one of our experienced California lawyers, please call {PHONE} or contact us online.

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