The Waiting Game: Filing a Second Bankruptcy in Omaha

August 1, 2019 | By Steffens Law Accident Injury Lawyers
The Waiting Game: Filing a Second Bankruptcy in Omaha

There’s one thing you can count on—your life will be full of surprises! Unexpected events like a job loss or a serious medical issue can sometimes necessitate a need to file a second bankruptcy in Omaha. If so, bankruptcy law in Nebraska dictates the waiting period before you can receive a discharge on a second petition.

Filing a Second Bankruptcy in Omaha: Waiting Periods

How long you have to wait to file a second bankruptcy in Omaha depends on what kind of bankruptcy you filed previously. The clock starts on the date your previous bankruptcy was filed.

If you want to file a Chapter 7 bankruptcy, you must wait:

  • 8 years if your previous bankruptcy filing was a Chapter 7 in Nebraska
  • 6 years if you previously filed a Chapter 13 in Nebraska

If your prior bankruptcy was a Chapter 13, the waiting period for filing a subsequent bankruptcy is:

  • 4 years for a Chapter 7 bankruptcy in Nebraska
  • 2 years for another Chapter 13 bankruptcy in Nebraska

Refiling After a Dismissal

You must wait 180 days to file a second bankruptcy in Omaha, NE, if your prior bankruptcy was dismissed by the Court for one of the following reasons:

  • If you intentionally ignored a court order or failed to appear in court; or
  • If you filed a motion to dismiss after a home or vehicle creditor filed a Motion for Relief from the Automatic Stay.

Refiling After a Denial

If the court denied your discharge in the first Nebraska bankruptcy filing, you may be able to file again. However, you probably won't be entitled to a discharge of any debt listed in the first filing. This is a specialized area of bankruptcy law where an attorney's assistance is vital.

How Our Experienced Omaha Bankruptcy Attorneys Can Help

Bankruptcy law in Nebraska is complex, so it's best to have an experienced attorney handle your case. The knowledgeable and experienced Omaha bankruptcy attorneys at Steffens Law firm in Nebraska can answer your questions and help you decide how to proceed. Contact us now to schedule a consultation today to discuss your options for handling your debt.