Can I File Bankruptcy More Than Once?

Individuals who have filed for bankruptcy in the past are definitely aware of its benefits. Many have found relief from overwhelming debt and are grateful for the ability to start over on a fresh financial footing.

But sometimes unexpected situations arise — such as a job loss, an unforeseen illness, expensive surgical procedure or the sudden death of a family provider — that can leave you submerged back in debt again.

Those who have filed for bankruptcy in the past often wonder whether they can file again. The answer? It depends on the situation.

Filing For Chapter 7 Bankruptcy Again

If you have previously filed for a Chapter 7 bankruptcy and received a successful discharge of your debts, in most cases you CAN file a Chapter 7 again, but there has to be a least an eight-year span between your new filing and the date your previous case was filed.

Filing For Chapter 13 Bankruptcy Again

If you have previously filed for a Chapter 13 bankruptcy and received a successful discharge, you must wait at least two years from the date your previous Chapter 13 case was filed to file again.

Filing For A Subsequent, Different Bankruptcy

The timeframe to file again is different if you wish to file a different bankruptcy than the one you previously filed.

If you received a discharge for a prior Chapter 13 bankruptcy, you can file a subsequent Chapter 7 bankruptcy as long as six years have passed since the date of your previous Chapter 13 filing.

If you obtained a discharge for a prior Chapter 7 bankruptcy, you can file a subsequent Chapter 13 bankruptcy as long as four years have passed since the date of your previous Chapter 7 filing.

Obtaining Guidance For Your Specific Circumstances

Like many areas of law, there are always exceptions, limitations and exclusions to the above timelines. Consulting with one of our experienced North Carolina bankruptcy attorneys who can provide guidance on your specific situation is advised.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.

Serving all of southeast North Carolina with offices in New Bern, Wilmington, Greenville and Jacksonville.