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.
Are you considering filing for bankruptcy in Oregon? Then, you probably have questions. Please give us a call or use this form to tell us about your situation. We’ll take the time to answer your questions and discuss your options.
Like Us On Social Media
PORTLAND OFFICE: Liberty Centre, 650 NE Holladay St, Portland (503) 487-8973
NW Debt Relief Law Firm is a Debt Relief Agency. Where appropriate we file petitions for relief under the Bankruptcy Code solely for consumers in the District of Oregon. We represent both Oregon and Washington consumers in collections law suits in Oregon and Washington state courts.