If you have filed bankruptcy in the past and now find yourself in a similar situation, you may be wondering if you can file bankruptcy twice. In fact, there is not a limit to the number of times you file bankruptcy. However, there may be a time limit between when you are able to file for the second time.
When facing your second, third, or fourth bankruptcy, it is important to understand the limits and restrictions you face. At Luftman, Heck & Associates, our Ohio bankruptcy attorneys have years of experience helping people navigate this type of difficult situation.
Factors Affecting When You Can File Bankruptcy Twice
There are several factors that can affect you when deciding if you should file for bankruptcy twice. These include:
- The previous type of bankruptcy you filed, and the one you want to file now
- When you filed bankruptcy the first time
- Whether your initial case was discharged, dismissed, or dismissed with prejudice
Limits Related to Filing Bankruptcy Multiple Times
There are various time limits that apply when it comes to filing bankruptcy more than once, including the following:
Chapter 7 to Chapter 7 Bankruptcy
When you wish to file Chapter 7 bankruptcy for a second (or subsequent) time, you are required to wait eight years between filings.
Chapter 7 to Chapter 13 Bankruptcy
You are eligible for a discharge when filing Chapter 13 bankruptcy after a Chapter 7, as long as there are four years in between the two filings.
Chapter 13 to Chapter 13 Bankruptcy
You are unable to file another Chapter 13 until at least two years after your first Chapter 13 filing. However, note that Chapter 13 bankruptcies typically take around three to five years, so you may be eligible to file again right after the conclusion of your first case depending on the amount of time passed.
Chapter 13 to Chapter 7 Bankruptcy
To file Chapter 7 after a Chapter 13 bankruptcy, you are required to wait six years at minimum. However, it is important to note that there are exceptions to this. You do not have to wait the six years in between filings if:
- In the initial Chapter 13 filing, you paid off your debts
- You paid 70 percent of any unsecured debts, and your plan was in good faith
Limits if Your Bankruptcy Case Was Dismissed on Prejudice
If your case is dismissed with prejudice, you may face additional restrictions when it comes to filing for bankruptcy twice. Common causes of bankruptcy cases being dismissed this way include:
- You disobeyed court orders
- You dismissed your bankruptcy once a creditor motioned for relief from the automatic stay
- You hid assets
- Delayed creditors
When it comes to dismissing bankruptcy cases with prejudices, judges can practice discretion. As a result of your behavior that abused the bankruptcy system, you can be barred from being able to file for bankruptcy ever again, banned from discharging debts, and more.
Contact our Ohio Bankruptcy Attorneys at Luftman, Heck & Associates
Facing bankruptcy can be a stressful time in your life. More so, facing bankruptcy twice can be even more complex. That’s why it is imperative to enlist the help of a skilled and experienced Ohio bankruptcy attorney. At Luftman, Heck & Associates, our team can help you decide which avenue is best if you face filing bankruptcy twice.