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Can I File for Bankruptcy Again?

As a New York City bankruptcy lawyer, we have many people that visit our office ask if “they can file for bankruptcy again?” Many clients believe they aren’t able to file for bankruptcy if they previously filed in the past. Fortunately, you can file for bankruptcy again in New York.

Although you can file for bankruptcy again, there are restrictions to subsequent bankruptcy filings.

–      A debtor cannot file for Chapter 7 bankruptcy if they were granted a discharge in a prior Chapter 7 case that was filed within the past 8 years. The 8 year period starts from the date that the previous case was filed and not date discharge date of the prior bankruptcy.

–      A debtor cannot receive a Chapter 7 discharge if they received a discharge in a prior Chapter 13 case that was filed within a 6 year time frame from the prior bankruptcy. If the debtor made his/her best effort to pay more than 70% of their unsecured debt, then the six year waiting period can be waived.

–      A debtor cannot receive a Chapter 13 discharge if he/she received a previous Chapter 7 discharge that was filed within the past 4 years.

–      A debtor cannot receive a Chapter 13 discharge if there was a prior Chapter 13 discharge filed within the past 2 years.

Not Sure If You Qualify to File for Bankruptcy Again?

If you’re unsure whether you qualify for bankruptcy again, you can speak with one of our experienced New York bankruptcy attorneys. Our Firm has worked with more than 10,000 clients since 1995 and we can help you make the ideal decision for your specific situation. Our team will supply you with the necessary information for you to make an informed choice and possibly receive a fresh financial start. There are no obligations and we’ll provide you with a free consultation. Please feel free to contact us (888) 529-9600 or by email using our contact us form.

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