Can I file bankruptcy if I have filed before?

The answer is yes depending on how many years have passed since the last bankruptcy. You can file Chapter 7 bankruptcy again if it has been eight (8) years since the last filing.

Over the past 28 years, I have filed tens of thousands of bankruptcies for New York and New Jersey residents. Times are especially hard now and many struggling families are finding that they need help again.

Nobody wants to file bankruptcy a second time. But, if you or your spouse loses a job and the debt builds up, you may need help again. Every day I meet with former clients who have filed bankruptcy with us long ago.

As I said earlier, you can file Chapter 7 bankruptcy again if it has been eight (8) years since the last filing.

If it has not been eight years, you could potentially file a Chapter 13 bankruptcy after your Chapter 7 case is discharged. But, you should remember that Chapter 13 is a payment plan – normally for 5 years. Also, there are other restrictions.

For example, you should keep in mind that if you file for Chapter 13 bankruptcy within 4 years of your Chapter 7 bankruptcy case then you will not receive a discharge of your debts (credit cards, medical bills, & personal loans).  In order for you to qualify for a discharge of your unsecured debts in a Chapter 13 bankruptcy case, you must wait at least 4 years from the date your Chapter 7 bankruptcy case was filed.