You are eligible to file for bankruptcy more than once, but struck walking periods apply depending on the type of bankruptcy you’ve previously filed and the one you plan to file next. These time limits are set by federal law and ultimately determine when you are eligible for a discharge.  Understanding these fuels is critical when considering whether or not you should file again. A Montgomery County bankruptcy lawyer can tell you if filing for bankruptcy is an option for you right now or if you should think about exercising a different option.

Can You File for Bankruptcy More Than Once in Pennsylvania?

If you previously filed for bankruptcy in Pennsylvania, including Montgomery County, you may still be able to file again, depending on the federal waiting periods and the outcomes of your prior cases. If you have already filed for bankruptcy, you may wonder if you are eligible to file for bankruptcy again. In short, yes. There are no lifetime limits on how many times you are able to file for bankruptcy. However, your ability to receive a discharge will depend on the waiting period between filings and the type of debt you have accumulated.

How Often Can You File for Bankruptcy

  • You can file for bankruptcy multiple times over the course of your life
  • There is no legal limitation on how many times you can file
  • You must wait a set time period before you are eligible to receive a discharge
  • The specific waiting period depends on the type of bankruptcy previously filed and the chapter you plan to file next

Do I Have to Wait to File for Bankruptcy Again?

Yes, there is almost always a waiting period between bankruptcy filings. Usually, you will have to wait at least two years before filing again, and some waiting periods can be even longer. There are some exceptions, though, along with other rules that you should be aware of if you have already filed for bankruptcy before.

Why Waiting Periods Exist

  • Prevents abuse of the bankruptcy system
  • Ensures prior debts are properly resolved
  • Determines eligibility for the discharge of new debts
  • Applies to all bankruptcy cases under federal law

Does It Matter Which Chapter I Choose When I File for Bankruptcy?

Yes, the chapter of bankruptcy you plan to file, and the chapter you previously filed, can both make a big difference.

Waiting Periods by Bankruptcy Chapter

  • If you previously filed Chapter 7
    • Eight years to file Chapter 7 again
    • Four years to file Chapter 13
  • If you file Chapter 13 bankruptcy, you’ll have to wait:
    • Six years to file for Chapter 7 bankruptcy
    • Two years to file for Chapter 13 again

Important Exceptions to Waiting Periods

There are sometimes exceptions to these rules, though. When you file for Chapter 13 bankruptcy, when you complete the obligations of your repayment plan can matter. There are also some situations where you can file Chapter 7 and Chapter 13 bankruptcy back-to-back, despite the normal waiting period requirement.

Can You File For Two Different Types of Bankruptcy in Short Succession?

This kind of filing is sometimes referred to as a “Chapter 20” bankruptcy. When you file and choose Chapter 7, you can get many debts discharged. However, some debts, like student loans or domestic support obligations, may remain as your responsibility.

How Chapter “20” Bankruptcy Works

  • Step 1: File Chapter 7 to eliminate dischargeable debts
  • Step 2: File Chapter 13 to manage remaining debts
  • Often used for non-dischargeable debts and catching up on secured debts

Considerations for Back-to-Back Filings

  • You may be unable to receive a discharge for the second filing
  • Courts will consider the timing between filings and whether or not you filed in good faith
  • Not all filers are eligible for this option
  • Legal advice is imperative before pursuing this option

How Bankruptcy Rules Apply in Pennsylvania and Montgomery County

Bankruptcy laws are federal, but Pennsylvania and Montgomery County are handled through the United States Bankruptcy Court for the Eastern District of Pennsylvania. However, local procedures, trustees, and court expectations can influence the progression of your case.

Contact Our Montgomery County Bankruptcy Firm

You don’t have to go through the bankruptcy process on your own. Contact Mudrick & Zucker to schedule a consultation and learn more about how our attorneys can help you file and manage all of the necessary paperwork. If we think that this is a good way for you to get back on track financially, we can advise you on the next steps.