When can you file for bankruptcy for the second time?
Earlier this week, we discussed the reasons behind Sindbad’s second bankruptcy filing, and a couple weeks ago we discussed the second bankruptcy filing of Toni Braxton. These blog posts may have made Atlanta residents wonder about the rules for filing for bankruptcy a second time.
The debt relief offered by Chapter 7 bankruptcy provides a fresh financial start for filers, and as a result they are often able to build a solid foundation so that they do not end up in dire financial straits again – but, in some cases, unforeseen events do lead to another bankruptcy.
It is only possible to obtain a Chapter 7 bankruptcy discharge once every eight years. However, when a person is not quite at the eight-year mark, but is in serious need of bankruptcy protection, it may be possible to file for Chapter 13 bankruptcy.
This may be a good idea for people who are being sued by creditors or who are facing wage garnishment or foreclosure actions.
A Chapter 13 filing does not simply discharge debt, as Chapter 7 does. Rather, this type of bankruptcy allows a person to reorganize his or her debts over a three- to five-year time period. Typically, filers will not have to pay back all of their debts with this type of bankruptcy reorganization.
Those who have already filed for bankruptcy once and are considering doing so a second time should seek legal counsel. The options and strategies available will likely be different than those that were available the first time around.
Source: Fox Business, “Too Soon to File for Bankruptcy Again?” Justin Harelik, Aug. 14, 2013