Filing Bankruptcy Again FAQ

Yes, if you have filed bankruptcy in the past and find yourself in financial trouble again, you can file bankruptcy multiple times. There is actually no limit to the number of bankruptcies you can file. Additional bankruptcies, however, may be a little more complicated than the first time, based on certain requirements under bankruptcy law. With skilled legal guidance, however, you can still find the options that will help you start over again.

At The Law Offices of Philip F. Counce, we provide free initial consultations to discuss your situation and learn what you are facing. You will sit down with a skilled bankruptcy lawyer who can evaluate your case and show you all possible answers to the problems you face. Additional issues may arise with a second or third bankruptcy filing that was not involved in the first bankruptcy, but we understand how to navigate these and help you complete a successful filing. Here are some common issues that can come up in a second bankruptcy.

Don't take on your creditors alone!

Call or email the Counce Law Firm at 901-201-6012.
Free confidential consultation with a lawyer, not a paralegal.
We take the time to understand your needs and answer all of your questions. While we want to solve your problem quickly, it’s important that you are comfortable with the process, and understand how it will impact you. These thoughtful conversations enable us to ensure the best possible outcomes.

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What Is Chapter 20 Bankruptcy?

Chapter 20 bankruptcy has been coined when you follow a Chapter 7 with a Chapter 13. The Chapter 7 eliminates the unsecured debts, like credit cards and medical bills, and the subsequent Chapter 13 manages the remaining debts, like mortgages, cars, taxes, etc. The net effect is a lower Chapter 13 plan payment. We will review your financial situation and determine if this is a good alternative for you.

Will I Still Get The Benefits Of Discharged Debt?

Successive bankruptcy filings are allowed but the benefit of the discharge can be limited unless you wait a certain period of time between filings. The time limits vary depending on the chapter you previously filed under and the chapter that you presently want to file.

You may file a Chapter 13 to receive the protection of the automatic stay even if you are not eligible to receive a discharge. Sometimes this makes sense to take advantage of the automatic stay to stop repossessions, foreclosures, lawsuits and garnishments. Our attorneys, after carefully reviewing your situation, will let you know all the benefits and drawbacks.

You are eligible for a Chapter 7 discharge if it has been eight years since you filed a prior Chapter 7 case.

You are also eligible for a Chapter 7 discharge immediately after completing a Chapter 13 if you paid at least 70 percent to unsecured creditors and it was your best effort. Otherwise it must be six years after a Chapter 13 case to receive a Chapter 7 discharge.

You are eligible for a Chapter 13 discharge if it has been at least two years since you filed a prior Chapter 13 case. Rarely is this a problem since most Chapter 13 cases take more than two years to complete. You may also receive a Chapter 13 discharge if it has been at least four years since a Chapter 7 was filed.

It is critical that you have trusted and experienced legal guidance helping you make these decisions. Our attorneys do not push cases through, nor do we overlook critical details. Instead, we take the time to listen to you and help you understand exactly how these time limits can be strategically used to your benefit.

Contact Us Today

Do you have questions about the cost of filing bankruptcy, even as a student? Call now to learn about what options are available to you in your particular financial situation. Contact our law firm today online or call 901-201-6012 to schedule a FREE CONFIDENTIAL CONSULTATION.

Unlike many firms you will always discuss your financial situation with an attorney, not a paralegal or assistant.

We are a Title 11 Debt Relief Agency. We help people file for bankruptcy relief under the Bankruptcy Code. This ad does not create an attorney-client relationship until a written agreement is signed.