If you have already filed bankruptcy once before, you can file again. However, if you are seeking a discharge of debt, you may have to wait. Call an experienced bankruptcy attorney for more information about your situation.
When filing bankruptcy for a second time, you must wait a certain amount of time between after the first discharge. If you file too soon after discharge, you will not be eligible for another discharge. The waiting period depends on which Chapter you filed previously and which you would like to file next.
When considering filing for Chapter 7 bankruptcy again, you must wait 8 years from the original filing date to be eligible for debt discharge.
When it comes to filing under different chapters, these rules are not applicable. If you received a discharge under Chapter 13 bankruptcy, you must wait 6 years prior to filing Chapter 7 in order to get a discharge. However, you can be granted a full discharge, even when filing within the 6 years, if you have paid your unsecured creditors 70% or more during your previous case.
If your first discharge was filed under Chapter 7 bankruptcy, you must wait 4 years from the Chapter 7 filing date before you can file for Chapter 13 bankruptcy.
If you file before the specified time periods have been fulfilled, you will not receive a full discharge, leaving you still legally responsible for your debts.