Most individuals file for bankruptcy under either Chapter 7 or Chapter 11. For those who already have a bankruptcy on their record, there may be a waiting period before a subsequent bankruptcy filing. The waiting period isn’t actually for the bankruptcy itself; it only applies if there was a debt discharge with the previous filing. As it can be a setback for many people, it’s important for a Lawyer in Topeka KS to know the waiting period when filing for multiple bankruptcy discharges. Read on to find out more about the court’s requirements for subsequent discharges under Chapters 7 and 13.
Waiting Periods for Repeated Bankruptcy Filings
The waiting period for a bankruptcy filing after a discharge differs depending on the current filing type. If a person files successively under the same bankruptcy chapter, the waiting periods are as follows:
* If one received a bankruptcy discharge through Chapter 7, they must wait for a minimum of eight years from the filing date.
* If the previous discharge was during Chapter 13, the filer must wait a minimum of two years to receive another discharge.
Waiting periods differ if the person files under a different chapter. Discharge under chapter 13 followed by one under Chapter 7 requires the filer to wait six years. Chapter 7 followed by Chapter 13 requires a four-year waiting period. The waiting period may not apply if a person is filing a bankruptcy under Chapter 7 or 13 but isn’t looking for a debt discharge. This typically happens when one files a Chapter 13 case to pay off tax debts, even though they had a previous Chapter 7 bankruptcy.
Should a Filer Have an Attorney?
Repeat or multiple filings are becoming more common under today’s economic conditions. If one has filed for bankruptcy already but needs to file again, they should consider consulting a Lawyer in Topeka KS for advice. A local bankruptcy attorney can explain the client’s legal options, especially if the person needs to discharge debts. Joe Wittman can help the client gather the necessary paperwork, and they can provide courtroom representation during formal hearings.