The rules about filing multiple bankruptcies over a lifetime

| Nov 19, 2019 | Uncategorized | 0 comments

Deciding to file for bankruptcy can be a difficult choice, but sometimes it is necessary if you are drowning in unmanageable debt. 

Usually when people file their first bankruptcy, they probably think it will be the last. Unfortunately, in a time when debts are exploding for businesses, governments and consumers to record highs, there is a chance you have a need to file again. 

Limits on multiple filings 

There are no limits to the number of times you can file bankruptcy in Kentucky. You must keep in mind, however, that there are time limits to how often the court will discharge your debts. The time limits from filing your first to your second depend on the type of bankruptcy you choose: 

  • If your first filing was a Chapter 7, you must wait eight years from the date of your filing for the court to discharge your debts under another Chapter 7. 
  • If you filed a Chapter 7 first and now want to choose a Chapter 13, you must wait four years. 
  • If your first filing was a Chapter 13, you must wait two years to file another Chapter 13. 

If you have filed a Chapter 13 in the past and are looking to file for a chapter 7 bankruptcy now, you normally must wait six years, but there are some exceptions to this rule that may allow you to file immediately. One of these exceptions is if you paid all your unsecured debt during your Chapter 13. A bankruptcy lawyer can help you determine if you are eligible for one or the other based on your credit history. 

Dismissed cases 

Having a previous case dismissed by the bankruptcy court should in most situations allow you to file again at any time, unless you tried to commit fraud. Your unique circumstances could affect your automatic stay, and you might have to wait six months before refiling if your case was recently dismissed.