Getting into a difficult financial situation is hard for anyone, but it’s harder for someone who’s already filed for bankruptcy. There are no clear restrictions about the number of bankruptcy cases that you are eligible to file unless a bankruptcy court issues orders stating otherwise. However, you might need to wait a certain period of time before being able to file again.

Filing for Bankruptcy in New Jersey

Whether or not you can file another bankruptcy and get a discharge depends on multiple different factors. These include:

• The type of bankruptcy you filed in the past and which kind of bankruptcy you intend to pursue now.
• Whether any previous bankruptcy was dismissed with prejudice, dismissed or discharged.
• When you filed your previous case.

When You Can File for Bankruptcy Again [Based on Type of Bankruptcy]:

If you already filed Chapter 7 and are looking to file Chapter 7 again: You will need to wait a minimum of 8 years beyond the date you filed your last case before you can get a discharge in another Chapter 7 case.

Previously filed Chapter 13 and intend to file Chapter 13 again:

• You cannot get a Chapter 13 discharge unless it is filed a minimum of 2 years after the date that the first case was filed.
• It typically takes 3 to 5 years to move through a Chapter 13 repayment plan and get a discharge, so as soon as your first case is closed you may be eligible to pursue it again.

Previously received a Chapter 7 discharge and are now looking for Chapter 13: You may be able to do so if the case is filed a minimum of 4 years after the filing date of your initial Chapter 7.

Going from Chapter 13 filing to Chapter 7: You have to wait 6 years from the date of your Chapter 13 filing before getting a discharge in Chapter 7.

Schedule a Consultation With a New Jersey Bankruptcy Attorney

There are some situations in which this does not apply, particularly if you paid back all of the unsecured debts or at least 70% of your unsecured debts were paid back and the plan was proposed with effort and good faith. Make sure you sit down with an experienced bankruptcy attorney to figure out what’s right for you.

The Law Office of Joel R. Spivack helps clients through the bankruptcy process and on to a fresh financial start. With over 30 years of experience, Attorney Spivack is more than ready to help you get where you want to be.

Call 856-488-1200 or Contact Us Online to Get Started

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.