Can I File a Bankruptcy a Second Time?

| Jun 13, 2019 | Bankruptcy Law |

A bankruptcy can be filed a second time. The impact of filing depends on how long before was the prior bankruptcy filed and what chapter was filed and whether a discharge was received in a prior bankruptcy. If a discharge was received in a chapter 7, you cannot receive a discharge in another chapter 7 for 8 years. You can obtain a discharge in a chapter 13 filed  6 years after the chapter 7. Since bankruptcy is Federal law, these same rules apply even if , for example, you file the first bankruptcy in Maple Shade New Jersey and file second bankruptcy while livin in Philadelphia Pennsylvania. If you previously filed a chapter 13 bankruptcy and received a discharge you can obtain a discharge in a later chapter 13 filed 4 years later or a chapter 13 filed 2 years later. Keep in mind that you may benefit from a chapter 13 even if you cannot get a discharge, for example if a chapter 13 is needed to pay missed mortgage payments over time.

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