When Can I File Again? Part II

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When Can I File Again? Part II

As a general rule, there is no statutory prohibition against an individual filing another bankruptcy at any time.

However, the court could enter such an order (for example if you are found to be abusing the system by repeatedly filing cases solely for purposes of delay).

Additionally, the Bankruptcy Code  does provide that you may have to wait 180 days (6 months) to refile if either:

  • (a) your previous case was dismissed for willful failure to abide by orders of the court (possible examples could include the failure to pay filing fees, to file required documents, or to complete the first meeting of creditors), or:
  •  (b) if your case was dismissed on your request after a creditor filed a motion for relief from the automatic stay. In addition, there are certain prohibitions against receiving another chapter 7 discharge in specific circumstances.

The Bankruptcy Code now prohibits entry of a chapter 7 discharge if you received a discharge in a chapter 7 or 11 case filed within eight years of the filing of the new case.  Chapter 13 is available even where Chapter 7 is not available.

2008-12-21T17:00:45+00:00
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