If you have previously filed for bankruptcy protection and you are considering filing another case, it is important to understand that there are certain guideline for when and how you can do it. You should also be aware that if you have filed two or more bankruptcy cases that were dismissed within one year, the automatic stay will not be effective upon the filing of a subsequent case in the same year. This means that although you have filed bankruptcy, collection actions against you can continue until you have met certain requirements.
The court looks at what type of case you filed the first time and whether you received a discharge of your debts to determine whether you qualify to file a second bankruptcy case,. In the majority of the cases, you can file a new bankruptcy case at any time if your prior filing was dismissed and you did not receive a discharge order from the court.
If your first case was a Chapter 7 and you obtained a discharge order from the court, you can:
- file another Chapter 7 case and receive a discharge after 8 years from the petition date of your first case.
- file a Chapter 13 bankruptcy and receive a discharge order after 4 years from the petition date of your first case.
If your first case was under Chapter 13 and you received a discharge from the court, you can:
- file a Chapter 7 bankruptcy and receive a discharge order after 6 years from the petition date of your first case.
- file another Chapter 13 bankruptcy after 2 years have passed from the time you filed the petition in your first case.
Does the Automatic Stay Go into Effect for Multiple Filings in Same Year?
It is important to note, however, that there are consequences for filing more than one personal bankruptcy. A little-known penalty is that if you have had two or more bankruptcy filings dismissed within one year, the automatic stay does not go into effect in a subsequent case filed in that same year. In other words, none of your creditors are barred from continuing their collection efforts against you….at least until you meet certain conditions. To learn more, please read our blog titled “Serial Bankruptcy Filers – What You Should Know.”
If you have previously filed for bankruptcy relief and you are considering filing against, let us help. The legal team at Faro & Crowder is ready to help. Our office is located in Melbourne, but we proudly serve businesses across the State of Florida.
The information on this blog or any blog is not intended as, and should not be taken as, legal advice.