Can You File For Bankruptcy Twice?
If you’re thinking about filing for bankruptcy in Arizona and have done so before, you might be wondering, can you file bankruptcy twice? Many people in dire financial straits find themselves wondering, can you file bankruptcy twice, worrying that they are stuck in a bad situation without a chance for a clean slate.
Filing for bankruptcy in Arizona twice is possible, but there are strict requirements in place. It’s important to work with a bankruptcy lawyer in Surprise, AZ, if you’re attempting to do this, as your attorney can help you ensure you meet all of the regulations required for filing for bankruptcy in Arizona multiple times.
The main thing to know about filing for bankruptcy more than once and expecting to receive a discharge is that there will be a waiting period after receiving a discharge in your previous filing that sets out how much time must pass before you can file again. If you previously filed but did not receive a discharge, these limits do not apply.
If you previously filed Chapter 7 bankruptcy, you must wait eight years from your previous Chapter 7 filing to file again. You can start counting from the date you originally filed.
If you want to file Chapter 13 bankruptcy and previously received a Chapter 7 discharge, you must wait four years from the previous filing date.
If you have previously filed Chapter 13 bankruptcy and now want a Chapter 7 bankruptcy filing to go through, you must wait six years from the original filing date. Talk to your bankruptcy lawyer in Surprise, AZ, about what repayment options you must fulfill before doing so, as this can affect whether or not you receive a new discharge.
With a previous Chapter 13 discharge, and the desire to file another Chapter 13 bankruptcy, you must wait two years from the previous filing date.
There are situations where filing successive bankruptcies, where the second bankruptcy will not provide you with a discharge, will benefit you. Some people file what is called a Chapter 20, a Chapter 13 filed right after a Chapter 7. This is done if you have fallen behind on car or mortgage payments, or if you are trying to eliminate a second mortgage (though the elimination of a second mortgage is not guaranteed as you must establish a good faith filing).
Any previous filing for bankruptcy in Arizona can affect a new filing and your eligibility for a full discharge, so make sure you tell your bankruptcy lawyer in Surprise, AZ, about past bankruptcy filings, whether they were successful or not. Giving your lawyer your full bankruptcy history is the best way to get good results from a new filing, which will get you back on the path to financial health quickly and effectively. Ask your lawyer for help and advice if you need it!
This blog is intended as a general discussion of legal issues and not as a statement of fact, legal advice or a legal opinion. No attorney-client relationship is created by this blog. Do not act or rely upon law-related information in this communication without seeking the advice of an attorney licensed to practice in the relevant area.