Filing Bankruptcy A Second Time

Declaring Bankruptcy After a Previous Bankruptcy Filing

Lightning does strike twice. A spouse's death followed by personal illness. A divorce followed by job loss. A credit card mess followed by a catastrophic accident. For a wide range of reasons, individuals and couples who have gone through bankruptcy find themselves deep in debt again within a few years.

It is possible to file bankruptcy more than once, but federal bankruptcy law sets limits on when and how. Before you count yourself out or make any wrong moves, talk to a knowledgeable lawyer at Stamps & Stamps, Attorneys at Law.

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Dayton Second Bankruptcy Attorneys

Attorney Eric Stamps has handled many hundreds of consumer bankruptcy cases, including clients who are seeking debt relief and creditor protection for a second time.

In general:

  • If you obtained a Chapter 7 discharge, you must wait eight years to file Chapter 7 again.
  • If you filed a Chapter 13, you must wait six years before filing a Chapter 7.
  • If you filed a Chapter 7, you must wait four years before filing for Chapter 13 relief.
  • If you filed a Chapter 13, you must wait two years to file Chapter 13 again.

Exception - If your sole purpose is to save your home from foreclosure, you are usually eligible to file a Chapter 13 any time.

Exception - If your financial circumstances take a turn for the worse during a Chapter 13 plan, you may be eligible to convert to a Chapter 7.

Exception - If one spouse filed for bankruptcy as an individual (rather than a joint petition), the other spouse is eligible to file for individual bankruptcy at any time.

Déjà Vu: Qualifying for Bankruptcy a Second Time

You may face closer scrutiny if you are a "repeat customer" in bankruptcy court. We will address any hint of fraud or irresponsibility to demonstrate the legitimate circumstances that brought you down this road again.

If you are within a few months of the eligibility restrictions after a previous bankruptcy, there are ways to buy time until you can officially file for bankruptcy relief. Our team will help you strategize to bridge the gap financially if you need to file bankruptcy but are forced to wait.

We offer a free initial consultation to answer all your questions, serving individuals and couples in the Dayton area and surrounding counties of Ohio. Call us at 937-410-0378 or 888-435-0085, or contact us online.

We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.