Can I file bankruptcy again?

The question "Can I file bankruptcy again?" is a very common question for bankruptcy attorney's. The bankruptcy attorney needs to ask the following preliminary questions: (1) When did you file before?; (2) What type of bankruptcy did you file? ;(3) Where you dismissed/discharged and when?;(4) If you were dismissed, was it under 11 U.S.C. section 109(g)? Without getting into the more unique scenerios here are the basics rules to follow:

(1) If you filed a chapter 7 and received a discharge, you must wait 8 years from the date you previously filed before you may file chapter 7 again.

(2) If you filed a chapter 7 or 13 and were dismissed under rule 109(g), you must wait 180 days before you can file again.

(3) If you received a chapter 7 discharge and its been between 181 days and 2 years from the date of first filing, then you can file a chapter 13 but you will not discharge any debt but you will get the automatic stay.

(4) If you received a chapter 7 discharge and its been between 2 and 4 years from the date of first filing, then you can file a chapter 13 but you must pay 100% of your unsecured debt through the plan and you may obtain a discharge.

(5) If you received a chapter 7 discharge and its been more than 4 years from the date of the first filing, then you may file a chapter 13 and pay less than 100% to your unsecured creditors through the plan and obtain a discharge.    

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