Yes. A person can file for bankruptcy more than once, but you may have to wait a particular amount of time since the last time you filed for bankruptcy in order to obtain a discharge of your current or newly incurred debts. The policy underlying the United States Bankruptcy Code is to permit any person to obtain a fresh start from their debts. Unfortunately, unforeseen circumstances, such as death, divorce, or unemployment can necessitate filing a new bankruptcy. The amount of time you have to wait between filings depends on what type of bankruptcy you previously obtained, and what type of bankruptcy you want to file for now.
If you previously filed a Chapter 7 bankruptcy (also known as a “liquidation” or “total discharge”), you must wait eight years before filing again for a new Chapter 7 discharge. Note that the eight years begins with the date of the initial filing, not the date of the initial discharge. Most consumers file for Chapter 7 bankruptcy. In Chapter 7 liquidation, the bankruptcy court judge enters an order discharging most debts, including credit cards, loans, and other types of debt, but not child support, spousal support, and some taxes.
If you previously filed a Chapter 13 bankruptcy (also known as a “wage earner repayment plan”), you may file a new Chapter 13 bankruptcy after as little as two years after the original petition was filed. In Chapter 13 bankruptcy, the bankruptcy court judge creates a repayment plan on behalf of the debtor for a period, usually three to five years.
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