Can I File A Bankruptcy For The Second Time?
It is possible and quite common to file bankruptcy multiple times. The amount of time that must have passed depends on multiple factors, including whether or not a discharge was received.
Can I Still Qualify For Either A Chapter 7 or a Chapter 13?
The qualifications will be the same whether it’s a first time filing or a repeat filing for a Chapter 7 or a Chapter 13. The only additional factor that has to be looked at is the time. If you received a discharge originally and you are in a Chapter 7, then there is an eight-year requirement before you can file a new Chapter 7. There is a four-year requirement before you would be eligible to file a Chapter 13 in order to get a discharge. You can file a Chapter 13 at any point, but you may not be able to get a discharge if you’ve not met the particular time requirements. If you filed a Chapter 13 originally and got a discharge, then it is six years before you can be eligible for a discharge in Chapter 7, and just two years before you’d be eligible for a discharge in Chapter 13. For most people, the Chapter 13 plan takes longer than two years. Realistically, you could be in one Chapter 13 after another.
Is There Additional Criteria To Filing Bankruptcy The First Time Around?
There is typically no additional criteria for filing subsequent bankruptcies.
Is Harder To File Or Get Approved For A Subsequent Bankruptcy?
It is not any harder to file a second bankruptcy than it is a first.
What Criteria Do You As A Bankruptcy Attorney Review To Determine If A Second Bankruptcy Is Advisable For Your Client?
I review income, monthly expenses, debts, and what they are looking to accomplish. For many people, they’ve gotten behind on a mortgage and it’s important to file that second bankruptcy. Some people have their vehicles repossessed and they need to get them back. I would look at all their financial situations at that time, in order to see if another bankruptcy is the right path or if something else would be more beneficial.
If It’s Too Soon For Me To File Bankruptcy, Should My Spouse Go Ahead And Do So Independently?
If you’re considering having your spouse file bankruptcy, I would look at the spouse’s finances and see whether or not it’s the best option for that person to file. If there are some debts that are jointly held and the spouse files a Chapter 13, then you would receive a stay. The creditors wouldn’t be able to come after you as long as the spouse was in the Chapter 13, unless the court specifically granted permission to that creditor to do so.
I’ve Just Finished A Chapter 13 Bankruptcy But Have Fallen Behind On Taxes & Child Support. Can I File Another Chapter 13?
If you just completed a Chapter 13, there would be no wait time to reorganize the debt in a Chapter 13 for things like back taxes and child support.
For more information on Filing A Second Bankruptcy In Ohio, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (937) 247-6447 today.
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