How Many Times Can You File Bankruptcy in Florida?
Perhaps you lost your job ten years ago and filed for bankruptcy to eliminate the debt you could not repay. Maybe two years later, you suffered a sudden medical condition and could not pay for the treatment, so you filed for bankruptcy again. More recently, you may have gotten divorced and relied heavily on credit cards to pay your legal fees and other expenses, now that you are a one-income household.
You may be considering filing bankruptcy again, but wonder if that is even possible. This is a common concern, but is it unfounded? Our Florida bankruptcy attorney explains in greater detail below.
Can You File Bankruptcy More Than Once?
Yes, you can file bankruptcy more than once in Florida. In fact, there is no legal limit regarding how many times you can file for bankruptcy. Still, federal law mandates certain waiting periods between bankruptcy filings if you want to receive a discharge, or an elimination of your debts. Still, there are certain factors to consider before filing for bankruptcy more than once.
What are the Waiting Periods Between Bankruptcy Filings?
Under federal law, there are certain waiting periods between bankruptcy filings. The length of these waiting periods depends on whether you filed Chapter 7 or Chapter 13 bankruptcy in the past and the type you wish to file now. The waiting periods are as follows:
- Chapter 7 to Chapter 7: You must wait eight years after filing Chapter 7 to file Chapter 7 again.
- Chapter 13 to Chapter 13: You only have to wait two years after filing Chapter 13 before filing Chapter 13 again.
- Chapter 7 to Chapter 13: You must wait four years after filing Chapter 7 to file Chapter 13.
- Chapter 13 to Chapter 7: You must wait six years after filing Chapter 13 to file Chapter 7. However, an experienced attorney can assist you in requesting a waiver if you paid at least 70% of your unsecured debts in the previous Chapter 13 case and did so in good faith.
Important Considerations
Before filing for bankruptcy a second, third, or fourth time, there are some important considerations to keep in mind. These include:
- The waiting periods begin on the date you filed for bankruptcy and not the date your case was finalized or your debt was discharged.
- The automatic stay, which stops all debt collection efforts, may be limited to 30 days for a second bankruptcy and may not exist at all if you file a third time. You may be able to ask the court to extend it.
- If your previous case was dismissed without prejudice, you may be able to file again right away. However, if your previous case was dismissed because you refused to follow court orders, you may have to wait 180 days before filing again.
Our Bankruptcy Attorney in Florida Can Provide the Advice You Need
Even if you have filed for bankruptcy before, you may have several questions about starting the process again. At Florida Law Advisers, P.A., our Florida bankruptcy attorney can provide the answers you need and guide you through the process so you obtain a successful outcome. Call us now at 1 (800) 990-7763 or chat with us online to schedule a consultation and to learn more about how we can help.
Source:
uscourts.gov/court-programs/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics
