Can I File for Bankruptcy Twice?

Fresh Start with Our DuPage County Bankruptcy Attorney

Bankruptcy can be a fresh, new start and the beginning of a brighter financial future. For many people, it can alleviate the crushing burden of overwhelming debt once and for all. However, this is not always the case. The success of any single bankruptcy filing is determined by a number of factors. There is no shame in going through the process again. Certain restrictions apply, so it is important to discuss your case with an experienced Dupage County bankruptcy lawyer before you file a second petition. At the Law Office of Joseph P. Doyle, we have the knowledge and experience to advise you and pursue the best possible outcome for your case.

Filing Under the Same Chapter

You can file for bankruptcy a second time. Federal law does place restrictions on how often a debtor can obtain a discharge of debt. If your debt was discharged initially under Chapter 7, it will be 8 years from the date of the original filing before you can receive another discharge under Chapter 7. If your debt was initially discharged under Chapter 13, you may need to wait 2 years from the date of the original filing to receive a second discharge under Chapter 13. There are additional factors to consider when filing twice under Chapter 13. It is important to consult with an attorney if you are considering this step.

What happens if I file under a different chapter?

If you filed originally under Chapter 7, you may need to wait 4 years from the date of the original filing to receive a discharge under Chapter 13. If your debt was initially discharged under Chapter 13, you may need to wait 6 years from the date of the original filing to receive a discharge under Chapter 7. If you have decided to file a second time under a different chapter, we encourage you to discuss restrictions that might apply with an attorney. The time restrictions will vary in different scenarios. Contact our firm for a free initial consultation.