Can I File for Chapter 7 Bankruptcy if I Have Already Filed for Bankruptcy Before?
Yes, with help from the right Columbia bankruptcy lawyers at Reed Law Firm, P.A., you can file for Chapter 7 again. However, certain waiting periods and restrictions apply. It’s also important to discuss your previous case, including any dismissals and court orders, with legal counsel to ensure the best possible outcome for you and your family.
Discuss re-filing for straight bankruptcy with our experienced Columbia Chapter 7 bankruptcy attorneys.
Waiting Period for Re-Filing Chapter 7 Bankruptcy Proceedings
Every case has a waiting period if you’ve filed for bankruptcy before, including under other chapters. The nature and duration of the waiting period depend on the outcome of your previous petition. Although you must consult with experienced local bankruptcy counsel about the waiting period applicable in your case, the following timeframes generally apply before you can file for Chapter 7 bankruptcy:
- Dismissal: If your previous bankruptcy petition was dismissed, you may file for Chapter 7 again after 180 days (about 6 months).
- Previous Chapter 7 Discharge: You must wait 8 years from the date of your previous Chapter 7 filing to bring another Chapter 7 petition.
- Restructure Discharge Under Chapter 13: You must wait 6 years from the date of a previous Chapter 13 filing resulting in discharge to file for Chapter 7.
- Business Discharge Under Chapter 11: Even though this involves business reorganization, you must wait 8 years from the date of any Chapter 11 proceedings resulting in discharge.
- Chapter 12 Discharge: You must wait 6 years to file Chapter 7 after a Chapter 12 discharge, unless you paid at least 70% of all unsecured debts in good faith.
Importantly, courts measure this deadline from the filing date and not the discharge date. Specific exceptions might also apply. Only a qualified Columbia bankruptcy attorney can determine if and when you’re eligible to file a Chapter 7 petition after a previous bankruptcy.
Special Exceptions to Second Bankruptcy Filings in South Carolina
If you filed a Chapter 7 bankruptcy petition and received a discharge within the past 8 years, you cannot generally file another Chapter 7 petition. But this does not mean you’re out of options. An experienced lawyer might help you file for Chapter 13 – wage earner’s bankruptcy, which helps restructure your debts while affording you the same bankruptcy protections.
Even if you re-file for Chapter 7 bankruptcy after the appropriate waiting period, the court may limit or deny discharge. It’s essential to obtain dedicated legal counsel to help you file any subsequent bankruptcy petitions to ensure your new start sets you on the right path to true financial freedom.
Second Chance Chapter 7 Bankruptcy Lawyers in Columbia, S.C.
Not every bankruptcy petition moves forward, and it’s normal for some claimants to need legal help re-filing their initial petitions. If you previously received any personal or business discharge, however, certain waiting periods and limitations may apply to a subsequent Chapter 7 petition.
Discuss the best option in your unique case with the dedicated South Carolina bankruptcy attorneys at Reed Law Firm today by calling (803) 726-4888 or connecting with our legal team online.
