So you ask yourself, ""Can I declare bankruptcy again?""
You can file for bankruptcy again; in fact, you can legally file as often as you like. The true issue, however, is not the filing, but the outcome. If I file for bankruptcy a second time, will I receive what I require?
If your new case is filed too shortly after your previous case, you may not be eligible for a discharge in the new case. For some, this may not be a major deal, but for others, it will have a significant impact on whether they file again.
When would you disregard a discharge in the following case? Suppose you are unable to pay your debts but have an asset that the court could seize, sell, and use to pay off your debts. Some assets, such as a vehicle or a house, are simple to sell on your own, but for others it may be easier to have the bankruptcy court do the heavy lifting. Thus, you would file the new case and proceed.
For many people, this is not the case; they simply want to ensure they qualify for a discharge and submit their second bankruptcy case. Therefore, the general rule is that if you want a discharge in a second case, you must submit...
a new Chapter 7 case filed more than 8 years after the filing date of the prior Chapter 7 case, or more than 6 years after the filing date of the prior Chapter 13 case; and
a new Chapter 13 case filed more than 2 years after the filing date of the preceding Chapter 13 case, or more than 4 years after the filing date of the preceding Chapter 7 case.
According to these rules, the essential dates for both new and old cases are their filing dates, not their discharge dates. It is vital to work closely with your attorney to ensure that you strike the correct dates on the calendar.
" - https://www.affordablecebu.com/
