Filing Multiple Bankruptcies

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If you have filed for a bankruptcy in the past and gotten a discharge, the bankruptcy code has specific rules about when you can file again to get another discharge. The important thing to remember is that you will usually have to wait a certain amount of time to file again.
Am I Able to File Bankruptcy in Southern Illinois Twice?

If you have filed for a Chapter 7 bankruptcy before and gotten a discharge, then you can file again and you may be able to get another discharge in one of these situations:

    1. If you want to file for another Chapter 7, you need to wait 8 years from the date that your prior Chapter 7 was first filed. If you file before then, your discharge will be denied. For example, if you file in June of 2015, then you can file again and get a discharge in June of 2023.
    2. If you want to file for Chapter 13 after you have obtained a Chapter 7 discharge, you will have to wait 4 years to get a discharge. To get your credit cards, medical bills, and personal debt discharged you have to wait 4 years from the date you first filed your Chapter 7 case. If you file before then, your unsecured debt will not get a discharge. So if you filed for your Chapter 7 in June of 2015, you will have to wait until June 2019 to file for Chapter 13.

If you have filed for a Chapter 13 bankruptcy in the past and gotten a discharge, there are some time limits for filing another Chapter 13 or a Chapter 7. You may file again, but you have to wait the appropriate amount of time to get a full discharge. The following rules apply:

      1. If you got a discharge with your prior Chapter 13 filing and you have to file a Chapter 7 now, you will need to wait 6 years from the date you filed your prior Chapter 13 in order to get a discharge. You can get a discharge of your debts with a Chapter 7, even if you file within the 6 year time limit, but you have to have paid your unsecured creditors at least 70% during your prior Chapter 13. If you did not pay at least 70%, you will not be able to get a discharge.
      2. If you got a discharge in your prior Chapter 13 and need to file for Chapter 13 again, you have to wait at least 2 years from the date you filed for the first one. If you try to file within the 2 year time frame, you will not be able to get a discharge.

You need to understand if your previous filing is going to affect your ability for get a discharge in your new case. Make sure you tell your bankruptcy lawyer about your prior case so he can figure out whether you are able to file or not and get a discharge of your debt.

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