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There is no limit in the number of bankruptcy cases one can file.  However, there are certain time restrictions that apply.  The situations are: (1) re-filing your case after it has been dismissed without discharge, (2) re-filing after you have previously received a Chapter 7 discharge, (3) and re-filing after you received a Chapter 13 discharge.

In the first situation, you can file your bankruptcy case immediately, unless your case was dismissed for failure to obey a court order, failure to appear in the case, or you voluntarily dismissed the case after a creditor filed a motion for relief from the bankruptcy stay.  In those cases, you will have to wait 180 days after your previous case was dismissed to file again.  It should be noted, that a new filing fee will have to be paid, unless the attorney is able to reinstate your case.  Also, the attorney must motion the court to extend the automatic stay if you are re-filing within 12 months of your previous case.

In the second situation, a debtor who receives their discharge in a Chapter 7 will have to wait 8 years from the date they previously filed pursuant to bankruptcy code §727 (a)(8) to file Chapter 7 again.  If they are filing a Chapter 13, they have to wait only 4 years from the date of filing the previous Chapter 7 pursuant to §1328 (f)(1).  There are rare circumstances in which a debtor that received their discharge in a Chapter 7 immediately files a Chapter 13.  Here, the debtor will not get a Chapter 13 discharge, but you can benefit from the protection the bankruptcy will provide while you are paying other debts such as tax or student loan debts.

In the third situation, after successfully getting a discharge in a Chapter 13 a debtor must wait 6 years from the date they filed their previous petition to file a Chapter 7 pursuant to §727 (a)(9).  The only exception to the 6 year waiting period are (1) if you paid all unsecured creditors in full in the Chapter 13, or (2) if you paid at least 70% of the claims in the Chapter 13 and the plan was proposed in good faith and was your best effort.  If the debtor is filing consecutive 13’s, they must wait 2 years from the date they filed the previous petition.

Make sure to contact an experienced bankruptcy attorney if you are considering on filing another bankruptcy.

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Our Locations

  • Phoenix Office – New
    Wright Law Offices 
    2999 N. 44th St., Ste 600
    Phoenix AZ 85018 

    Telephone: 602-456-6085 / 866-703-3287
    Phoenix Law Office
  • Phoenix Office – Old
    Wright Law Offices 
    668 N. 44th St., Ste 320
    Phoenix AZ 85008 

    Telephone: 602-456-6085 / 866-703-3287
    Phoenix Law Office
  • Scottsdale Office 
    Wright Law Offices 
    7135 East Camelback Road, Ste 230
    Scottsdale AZ 85251 

    Telephone: 480-845-0145 / 866-703-3287
    Scottsdale Law Office

  • Tempe Office 
    Wright Law Offices 
    2238 S. McClintock Dr.
    Tempe AZ 85258 

    Telephone: 480-845-0145 / 866-703-3287
    Tempe Law Office

  • Avondale Office
    Wright Law Offices 
    12725 W Indian School Rd, Suite E-101
    Avondale AZ 85392 

    Telephone: 623-258-4480 / 866-703-3287
    Avondale Law Office

  • Mesa Office
    Wright Law Offices 

    4856 E. Baseline Rd.
    Suite #104
    Mesa, AZ 85206
    Telephone: 480-845-0145 / 866-703-3287
    Mesa Law Office

  • Glendale Office 
    Wright Law Offices 
    20325 N. 51st Ave., Suite 134
    Glendale, AZ 85308
    Telephone: 623-258-4480 / 866-703-3287
    Glendale Law Office

What our clients are saying…

TOP Rated PHOENIX BANKRUPTCY ATTORNEY

Mr. Wright and his staff were amazing. They made a negative situation a lot better and turned it into a positive. Could really tell they care helping people and I will refer their Phoenix Bankruptcy Attorney firm to friends and family. Thanks again.

Tara
TOP Rated PHOENIX BANKRUPTCY ATTORNEY

I called around looking for the right bankruptcy lawyer and came across Benjamin Wright. He personally called me for the consultation seeing how I live in Kingman AZ. He was very helpful from the start and his staff was very friendly and explained any questions I had, sorry for all the questions. I would definitely recommend Wright law offices, and I do!! Thanks for everything, you made what seemed like a hard thing to do simple!! You guys rock!!!

Steffanie
TOP Rated PHOENIX BANKRUPTCY ATTORNEY

Great lawyer, he really helped my mother out of a jam. She was totally new to bankruptcy and he talked with us for about an hour and a half to make sure she wouldn’t be worried.

Damian
TOP Rated PHOENIX BANKRUPTCY ATTORNEY

Ben is a kind and down to earth attorney. He worked around my busy schedule as a single mom (school, full-time job, and daycare pick up and drop off times). He explained absolutely everything to me and was good about e-mailing. I am writing this review as a THANK YOU.

Shannon
TOP Rated PHOENIX BANKRUPTCY ATTORNEY

I had a very positive experience with Attorney Wright. He or his staff returned my e-mails and calls promptly (even after business hours occasionally). His fees were reasonable. He was patient with me when I showed up in court missing an important document. He is aggressive, but fair and nice.

Jenna