How Long After Bankruptcy Can You File Again (And Why)?

Exact Answer: 8 Years

Bankruptcy is something that often people face when they are low on their monetary benefits and other assets. However, filing for bankruptcy is just another way to deal with accumulating debts that you can no longer manage.

Well, in that case, if you have opted for the filing approach in order to remove all your debts then there are some limits as to when can you file for it again. In case you have used Chapter 7 bankruptcy specifically to discharge your debts in the past then you have to wait for at least 8 years before you could file for another Chapter 7 case again.

How Long After Bankruptcy Can You File Again?

Successive Chapter 7 casesWait for 8 years after the first Chapter 7 filing date before filing for the second case.
Successive Chapter 13 casesTwo years between filing dates.

Most people do not even know what Chapter 7 is because they tend to confuse themselves. However, Chapter 7 is nothing but Chapter 7 bankruptcy will allow you to become debt-free through what has been offered often which is referred to as a liquidation process. Well, if you are using this approach then your debt is discharged but your non-exempt property is sold.

There are several things that could vary here and some of them are by the state of residency, personal possessions which might be considered as a non-exempt and could be sold in order to cover your debts. Things like your home, pension, car, any personal belongings, jewellery and other such kinds of things would be included.

Bankruptcy is one of the causes for the downfall of a person’s career or for a company too. Say suppose a company or an organization goes bankrupt then the company would typically have to shut down because it is in huge debt that they cannot manage to proceed with their daily business.

It is important to manage finances properly and you should be able to invest the right amount at the right place. People often make mistakes when it comes to the management of their finances and thus they are left out with limited options when they face some kind of monetary problems or issues in the future.

Why Does It Take That Long To File Again After Bankruptcy?

Whenever you go bankrupt and you have used Chapter 7 to discharge all your debts in your past, then it is mandatory for you to wait for 8 years before you could file for another Chapter 7 case. You need to make sure that you must be well informed about such things before you file for the first time.

Falling into the trap of so-called bankruptcy could be a dangerous thing because you could lose all your possessions in just a second. Everything which is of some value will be seized and will be sold so that you are clear of your debts until and unless each and every debt is cleared everything in your possession would be sold off. However, there is another potential route that you can take in case you are experiencing bankruptcy. There is the Chapter 13 bankruptcy which is also known as the wage earner plan where you have to wait for four years after filing Chapter 7.

You should also know that there is no legal limitation on the number of times you could file for bankruptcy.  It is compulsory to wait for a certain period before you could file for another bankruptcy. Say suppose you file one today and for the next one to file you have to wait for a few years depending on the state you are living in.

Conclusion

In the end, it is your career and life that will matter the most. In case you have become bankrupt then follow necessary procedures so that later it only becomes easier for you. Make sure you know how to take care of your valuable things like money.

Businesses are always at a risk and therefore any time any kind of business can be bankrupt. However, it is your responsibility to seek help from the government or any kind of official platform so that it is easier for you later on.

References

  1. https://link.springer.com/article/10.1007/s10693-006-0001-0
  2. https://www.jstor.org/stable/20062083
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