Can I File for Bankruptcy More Than Once? Understanding The Waiting Periods
Yes. You can file for bankruptcy more than once in South Carolina. The law does not limit how many times you can file in your lifetime. What it does limit is how often you can receive a discharge, which is the court order that erases your qualifying debts.
If you’re wondering whether you can file for bankruptcy again, get in touch with Reed Law Firm. Our bankruptcy attorneys in Florence can look at your previous case, explain the timing rules clearly, and help you build a plan that fits both the law and your current financial reality.
How The Timing Rules Actually Work in Florence Bankruptcy Cases
The U.S. Bankruptcy Code sets the waiting periods between case filings. These rules depend on which chapter you filed before and which you want to file now, such that:
- If you received a Chapter 7 discharge, you must wait 8 years before receiving another Chapter 7 discharge.
- If you previously filed Chapter 7 and want to file Chapter 13, the wait is 4 years.
- If you received a Chapter 13 discharge, the wait for another Chapter 13 is 2 years from the date of filing (not the date of discharge).
- Filing Chapter 13 after Chapter 7 requires a 4-year wait if you want a new discharge.
However, and this is where people are usually surprised, you can still file again earlier if you need protection from creditors, wage garnishment, repossession, or foreclosure. You simply may not receive a discharge if you don’t meet the timing requirements. In those situations, bankruptcy still offers powerful tools through the automatic stay and court-structured repayment.
Does The Automatic Stay Still Matter Even If I Can’t Get a Discharge Yet?
Yes, because the automatic stay, a legal protection immediately triggered when you file bankruptcy, stops most creditor actions the moment you file your case. That includes:
- Foreclosure
- Vehicle repossession
- Wage garnishment
- Lawsuits
- Collection calls
Even if you aren’t eligible for a discharge yet, you can still file to stop a repossession or foreclosure and buy time to reorganize your finances.
When Does Filing for Bankruptcy in Florence Again Make Sense?
The answer to this will be dependent on your timeline and the goals you have today. Here are some examples of when filing again is the way to go.
A Second Chapter 13 to Save a Home from Foreclosure
A homeowner in Florence’s Quinby area completed a Chapter 13 one year ago. After a medical leave from work, they fell behind on her mortgage again. Because the waiting period is two years from the date of filing (not the date of discharge) they can still file a Chapter 13 right now to stop the foreclosure and repay arrears over time. In situations like this, the automatic stay is the lifeline that preserves their home while their finances stabilize.
New Medical Debts After a Prior Chapter 7
An individual who filed Chapter 7 eight years ago suddenly faces overwhelming medical bills from an emergency procedure. Because he’s past the 8-year rule, he qualifies for a new Chapter 7. In such cases, filers must ensure that all eligible debts are included and that nothing revives old creditor issues.
A Family Overwhelmed by Inflation and Rising Costs
A family living near Florence’s Southside completed a Chapter 13 but received no discharge because their income increased mid-plan. Years later, rising rent, higher food costs, and childcare pressures create new debt they can’t keep up with. They may qualify for a new Chapter 13 with a payment plan that reflects today’s financial reality.
How a Bankruptcy Attorney in Florence Can Help When You Need to File Again
Your lawyer will take a fresh look at your entire financial picture and check:
- When your prior case was filed and discharged
- What type of debts you hold now
- Whether your house or car is at risk
- What chapter, whether Chapter 7 or Chapter 13, best protects your goals today
Put simply, your Florence bankruptcy attorney can help protect your assets and help you rebuild with confidence without judgment and generic one-size-fits-all advice.
Speak to Our Bankruptcy Lawyers in Florence Today
For information on the waiting periods for filing for bankruptcy again, schedule your confidential consultation with our Florence bankruptcy attorneys at Reed Law Firm at 803-726-4888 or online.
