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.
"Benjamin Wright with Wright Law Office made a very difficult time for us much easier. We were struggling and did not know what our options were. He explained all our options and helped us to make the best financial decision. They made things easy and were always available to answer any questions we had. I would definitely recommend him."
Why should you hire our firm to represent you in bankruptcy?
Great question. Here are a few reasons:
- 1. Bankruptcy is our sole area of practice. Attorney Wright has over 10 years of experience in the field of bankruptcy and has helped over 1000 people successfully file.
- 2. Attorney Wright has an accounting background that is useful in analyzing complex financial documents. Prior to law school he obtained a degree in accounting from the University of Wisconsin School of Business. He exercised his strong numerical aptitude in the field of accounting, including several years with The Kohler Co., before ultimately deciding to pursue a law degree.
- 3. New clients meet with an attorney during their first visit. We understand your time is valuable. It is important your questions are answered quickly and accurately so you can take appropriate steps to secure a better financial future and eliminate fear and stress.
4. In business, referrals are the highest form of professional compliment. We frequently receive referrals from other lawyers and previous clients.
- 5. Our firm is small which enables us to focus on quality over quantity. We don’t have billboards on the I-10 or banners affixed to public transportation. Our approach is a bit more understated. We care about people and doing things right and it shows in our low employee turnover and positive reviews.
- 6. Perhaps the most important consideration is the cost of filing bankruptcy. We continuously assess our fees to ensure we offer fair and competitive pricing. We want to offer you a deal without sacrificing the quality of your experience.
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What our clients are saying…
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.
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!!!
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.
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.
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.