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Filing for Bankruptcy Multiple Times in New York

Filing for bankruptcy can feel like a bit tricky to navigate through the first time around, but what if your circumstances required you to refile for bankruptcy? A common question that we encounter is whether an individual can file for bankruptcy more then once, and how long must they wait between each bankruptcy.

Refiling for bankruptcy occurs under unique conditions and may be necessary in order to prevent wages from being garnished or levying funds from frozen bank accounts frozen.

Contrary to popular belief, unless there is deliberate abuse of the system or unless the courts order otherwise, according to Federal Bankruptcy Law, there is no restriction to the number of times an individual may refile for bankruptcy.

When refiling for bankruptcy, the time limit between bankruptcy filings is counted from the discharge dates; not the dates that the actual petitions were filed. This means that should an individual need to refile for any chapters of bankruptcy, they are able to based on the required wait time from the original discharge date.

Refiling For Chapter 7 Bankruptcy

If you were able to successfully discharge yours debts under Chapter 7 bankruptcy, you will not be able to refile successively under Chapter 7 for eight years from the original date in which you first filed.

Refiling For Chapter 13 Bankruptcy

If you were able to successfully discharge your debts under Chapter 13 bankruptcy and establish a debt repayment plan, you may have to wait at least two years in order to refile under Chapter 13 bankruptcy since it usually takes between two to six years to complete the repayment plan and receive a discharge.

Refiling Under Different Bankruptcy Chapters

Chapter 7 to Chapter 13 Refile – If you previously filed bankruptcy under Chapter 7 and would like to refile under Chapter 13, you would have to wait at least four years from when you originally filed under Chapter 7. This process, commonly referred to as Chapter 20 bankruptcy, allows you to discharge unsecured debts under Chapter 7 then catch up on delinquent secure debts by reestablishing a repayment plan for priority debts such as mortgages, car loans, or even child support.

Chapter 13 to Chapter 7 Refile – If you previously filed bankruptcy under Chapter 13 and are looking to refile under Chapter 7, you will have to wait six years from when you originally filed, however you may not have to wait six years if you either:

  • (a) Have paid back all your unsecured debt or,
  • (b) Have paid back 70 percent of your unsecured debt.

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