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Unexpected events like a job loss or a serious medical issue can sometimes necessitate a repeat bankruptcy filing. If so, bankruptcy law dictates the waiting period before you can receive a discharge on a second petition.

Second Bankruptcy Waiting Periods

How long you have to wait to file a second bankruptcy 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 was a Chapter 7
  • 6 years if you previously filed a Chapter 13
If your prior bankruptcy was a Chapter 13, the waiting period for filing a subsequent bankruptcy is:
  • 4 years for a Chapter 7
  • 2 years for another Chapter 13

Refiling After a Dismissal

You must wait 180 days to file a second bankruptcy 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 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 Steffens Law Office Can Help

Bankruptcy law is complex, so it's best to have an experienced attorney handle your case. The team at Steffens Law Office can answer your questions and help you decide how to proceed. Schedule a consultation today to discuss your options for handling your debt.

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