Understanding when it’s possible to file for another bankruptcy

On Behalf of | May 29, 2020 | Bankruptcy |

Some Floridians who’ve sought debt forgiveness through bankruptcy might eventually run into financial trouble again. This is not uncommon. Many debtors wonder if it’s possible to file another bankruptcy case and, if so, when this can be done.

Understanding the process of filing for bankruptcy after a previous filing is key to getting on stronger financial footing. A Chapter 13 bankruptcy might be dismissed if the debtor stops meeting the obligations of the repayment plan. If that happens, the debtor can file a new case. Debtors who cannot make the payments or want a dismissal can re-file once the creditors reignite their efforts to collect what is owed. There are legal provisions that should be accounted for before attempting this.

Bankruptcy trustees or judges are tasked with preventing people from abusing the system. For those seeking a second bankruptcy filing, the time-frame is critical. Someone who had one prior bankruptcy case pending within the previous 12 months dismissed will probably be allowed to file again, but the automatic stay for collections to stop will be limited to 30 days. If there were two cases within the past 12 months, it’s also possible to file again, but there will be no automatic stay. There can still be ,s and attempts to collect after a third bankruptcy filing.

Bankruptcy can provide relief from overwhelming debt. However, debtors might have financial struggles even after filing for bankruptcy. For those who want to file again or are facing any other issue related to bankruptcy, legal advice may be helpful. During a consultation, a lawyer could provide guidance and information on how to move forward.