How Often Can I File Bankruptcy?

Hopefully you’ll never be in the position where you have to file bankruptcy twice. But if you are, you need to make sure enough time has passed since your prior bankruptcy filing. The required waiting time depends on what type of bankruptcy you previously filed and what type of bankruptcy you would like to file at present.

• If you’re looking to file a Chapter 13 and filed a prior Chapter 7, then you’ll have to wait four years from the time of your previous filing.
• How about going from a Chapter 13 to a Chapter 7? In this case, you’ll generally have to wait six years from the time your Chapter 13 was filed before you can file a new Chapter 7.
• Those who wish to file another Chapter 7 after having already filed a Chapter 7 must wait eight years from the date of the previous filing before filing a new Chapter 7.
• Most people who have been discharged from a Chapter 13 are free to file another Chapter 13 immediately. This is because you’re able to file another Chapter 13 after only two years from your previous filing. Most Chapter 13s consist of a three or five-year payment plan, which satisfies the two-year waiting period.

If you live in the Fairfield area and have any questions about your specific situation, don’t hesitate to call our Fairfield bankruptcy office to schedule a free consultation.