CAN I FILE BANKRUPTCY AGAIN EVEN IF I HAVE FILED BEFORE

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CAN I FILE BANKRUPTCY AGAIN EVEN IF I HAVE FILED
BEFORE?
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• Filing a bankruptcy case gives you a fresh start
  to recover after a financial crisis without the
  burden of debts you cannot pay hanging over your
  head. By filing a Chapter 7 or Chapter 13
  bankruptcy case, you can get out of debt, protect
  retirement savings, and keep your property. In
  most cases, debtors can eliminate most, if not
  all, unsecured debts without losing any property.

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• While filing a bankruptcy case is usually not as
  stressful or difficult as many people believe,
  the process is not something that most people
  want to repeat. However, lawmakers realize that
  some individuals may experience more than one
  financial crisis during their lifetime that
  requires the assistance of the bankruptcy court
  to resolve. Therefore, lawmakers included a
  provision within the Bankruptcy Code that allows
  debtors to file bankruptcy again if they find
  themselves in another financial situation in
  which they cannot pay their debts.

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• However, filing a bankruptcy case and receiving a
  bankruptcy discharge are two separate matters.
  The distinction between a bankruptcy filing and a
  bankruptcy discharge becomes very important when
  you are considering filing bankruptcy again
• If you believe you need to file Chapter 7 again
  or file a second Chapter 13 case, call (904)
  679-2020 for a free consultation with an Orange
  Park bankruptcy lawyer.

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Why Do People File For Bankruptcy Relief A Second
Time in Florida?

• Individuals throughout Florida file for
  bankruptcy relief for numerous reasons.
  Regardless of the underlying reason for filing a
  Chapter 7 or a Chapter 13 case, the common factor
  in all cases is that the person cannot afford to
  pay his or her debts. Reasons, why a person
  cannot afford to pay debts, include

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• Periods of unemployment
• A long-term reduction in income
• The death of a spouse
• Divorce or separation
• Loss of a business or downturn in business
• A sudden illness or accidental injury
• Overuse of credit cards
• Poor financial management

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• Many different life events can precipitate the
  filing of a Chapter 13 or a Chapter 7 case.
  Unfortunately, someone may experience several
  financial hardships. While some financial
  hardships may not require filing for bankruptcy
  relief, a person may find that he or she needs to
  file another bankruptcy case.

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• For that reason, the Bankruptcy Code does not
  prevent a person from filing bankruptcy again,
  but it does limit the number of bankruptcy
  discharges a person can receive during a specific
  period.

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What is a Bankruptcy Discharge?

• The goal of filing a Chapter 7 or Chapter 13 case
  is to obtain a bankruptcy discharge. The
  bankruptcy discharge eliminates your legal
  responsibility to repay a discharged debt.
  Creditors are prohibited by law from taking any
  actions to collect a discharged debt, including
  wage garnishments, filing debt collection
  lawsuits, or sending collection letters.

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• If you file a bankruptcy case but do not receive
  a bankruptcy discharge, your legal liability to
  repay debts remains and your creditors may
  continue legal actions to collect the debt when
  the bankruptcy case is closed. Therefore, filing
  a Chapter 7 or Chapter 13 case without receiving
  a bankruptcy discharge is useless if your
  intention is to get out of debt.

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Filing Bankruptcy Again vs. Receiving Another
Bankruptcy Discharge

• There are no restrictions on the number of
  bankruptcy cases you can file or when you can
  file another bankruptcy case within the
  Bankruptcy Code. However, it does limit the
  number of bankruptcy discharges you may receive
  during a certain period. The easiest way to
  remember when you are eligible for another
  bankruptcy discharge is to use the 2-4-6-8 Rule.

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How Often Can I File Bankruptcy?

• The 2-4-6-8 Rule helps you remember how long you
  must wait between bankruptcy filings to receive
  another bankruptcy discharge. Below are the time
  frames for receiving another bankruptcy discharge

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• How long must I wait to file another Chapter 13
  case after a prior Chapter 13 case?
• The time you must wait between Chapter 13 cases
  is two years to be eligible to receive another
  bankruptcy discharge by filing Chapter 13 again.

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• How long must I wait to file a Chapter 13 case
  after a prior Chapter 7 case?
• If your previous bankruptcy case was filed under
  Chapter 7, you must wait four years between
  filings to receive a bankruptcy discharge under a
  new Chapter 13 case.

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• How long must I wait to file a Chapter 7 case
  after a prior Chapter 13 case?
• If your previous bankruptcy case was filed under
  Chapter 13, you must wait six years before filing
  a Chapter 7 case to be eligible to receive a
  bankruptcy discharge.

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• How long must I wait to file another Chapter 7
  case after a prior Chapter 7 case?
• The time you must wait between Chapter 7 cases
  https//www.law.cornell.edu/uscode/text/11/727 is
  the longest to receive another bankruptcy
  discharge. You must wait eight years between
  Chapter 7 bankruptcy cases to be eligible for
  another bankruptcy discharge under Chapter 7.

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• In some cases, factors may complicate the
  calculation of the time required between
  bankruptcy filings to receive a bankruptcy
  discharge. For instance, your circumstances might
  qualify you for a hardship discharge even though
  the time between bankruptcy files does not meet
  the requirements under the 2-4-6-8 Rule.

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• It is best to consult an experienced Orange Park
  bankruptcy attorney if you believe you need to
  file bankruptcy again. A Florida bankruptcy
  lawyer can analyze your current financial
  situation, explain your various bankruptcy and
  non-bankruptcy options for debt relief, and help
  you choose the best debt relief option for you.

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Contact a Bankruptcy Attorney in Orange Park for
a Free Case Review

• The decision to file a Chapter 13 or a Chapter 7
  bankruptcy case should only be made after careful
  consideration of all debt relief options. If you
  are struggling to pay debts each month, filing
  for bankruptcy relief may give you the fresh
  start you need to recover after a financial
  crisis.

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• Bankruptcy Attorney Tony Turner represents
  individuals, couples, and businesses in Orange
  Park, Jacksonville, Lake City, Deland, Augustine,
  and the surrounding areas as they seek affordable
  solutions to debt problems.

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• If you are ready to explore bankruptcy options to
  get rid of debt, contact The Law Office of Tony
  Turner by calling [phone] or by using the
  online form to schedule your free consultation
  with a Florida bankruptcy lawyer.