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Sometimes, a person has to file for bankruptcy protection a second time. The bankruptcy code understands this and allows it, although it does put some guidelines on it to prevent abuse. The bankruptcy code simply puts some time limits on when a person can file again and these limits depend on the chapter of bankruptcy previously filed.

Here are some basic guidelines:

  • You filed for a Chapter 7 Bankruptcy and received a discharge: If you want to file another Chapter 7 Bankruptcy¬† and receive a discharge, you must wait eight years from the date you filed the first Chapter 7.
  • You filed a Chapter 13 Bankruptcy and received a discharge: If you want to file another Chapter 13 Bankruptcy and receive a discharge, you must wait eight years from the date you received your discharge in the first case.
  • You filed a Chapter 7 Bankruptcy and received a discharge: If you want to file a Chapter 13 Bankruptcy and receive a discharge you must wait four years from the date you filed the first case.
  • You filed a Chapter 13 and received a discharge and want to file a Chapter 7 and receive a discharge: This one is a little confusing. Basically, if you want to receive a discharge in the Chapter 7, you must wait six years from the date you filed the first case or you can file immediately if you paid the unsecured creditors a certain percentage and the case was filed in good faith.

If you find yourself in the situation of considering filing for bankruptcy again, you need to speak to an experienced  bankruptcy attorney to discuss your options. This article is only meant to give you a brief overview of your options. Each individual has an unique set of circumstances and would benefit from a free consultation with a bankruptcy attorney.   Scott Ciolek helps people file for bankruptcy throughout Michigan and Ohio.