Yes. You can file for bankruptcy more than once in South Carolina. Most people file for bankruptcy to get a discharge. This is an order that eliminates all qualifying debts. The court grants this order at the conclusion of the debtor’s bankruptcy case. Take note, however, that bankruptcy discharges are not unlimited.
Whether you are considering filing for bankruptcy for the first time or are thinking of filing for bankruptcy again, it’s best to discuss your situation with a South Carolina bankruptcy attorney. They can evaluate your specific case and recommend the best options available to you.
When Can I Receive a Second Bankruptcy Discharge?
There are specific time limits to obtain a second bankruptcy discharge, and they vary based on whether you’re planning on filing for a Chapter 13 or Chapter 7 bankruptcy and the first bankruptcy type in which you got the discharge:
- Chapter 13 Bankruptcy first, Chapter 13 Bankruptcy second – You cannot receive another discharge if you file for Chapter 13 again unless you file your second case two years or more from the date of fling your first Chapter 13. Note, the rule is from the beginning of the case, not the end. Effectively that means that, if you have a Chapter 13 discharge, chances are good that you could file again immediately with no further waiting period.
- Chapter 7 Bankruptcy first, Chapter 13 Bankruptcy second – You can’t obtain a discharge if you file for Chapter 13 bankruptcy unless you file your second bankruptcy four years or more from your Chapter 7 filing date.
- Chapter 13 Bankruptcy first, Chapter 7 Bankruptcy second – You cannot receive a bankruptcy discharge if you file for Chapter 7 unless it has been six years or more after you filed for Chapter 13. However, you may be allowed to file without waiting for six years if any of the following applies to your case:
- You’ve already paid 70 percent or more of the claims in your Chapter 13 case and did everything you could possibly do to pay off your creditors.
- You’ve already paid all your debts to the unsecured creditors included in your Chapter 13 repayment plan.
- Chapter 7 Bankruptcy first, Chapter 7 Bankruptcy second – You can’t obtain another discharge if you file for Chapter 7 again unless you file your second case eight years or more from your first Chapter 7 filing date.
What Happens If My First Bankruptcy Case Was Dismissed?
If your first bankruptcy case was dismissed, regardless of whether it’s a Chapter 13 or Chapter 7, you can generally file again. Sometimes you can file again immediately, or sometimes there may be a waiting period such as 180 days. Of course, all of this is true unless your case was dismissed because of fraud, or the court prohibits you from refiling. However, if you file again in a couple of years, the court may limit your automatic stay protection. In addition, you can file a complaint again even if the court doesn’t give you a discharge. However, the court may not allow you to discharge the debts included in your dismissed bankruptcy case.
Seek Legal Guidance From Our Seasoned South Carolina Bankruptcy Attorney
To find out if you can file for bankruptcy again, contact Reed Law Firm and schedule your free case evaluation with our South Carolina bankruptcy attorney by calling 803-726-4888 or reaching us online.
