Issues With Multiple Chapter 13 Filings

Cook County Debt Relief Lawyers

Have you filed for bankruptcy recently and are currently struggling with debt problems again? There is no limit to the number of times you can file for bankruptcy, however, there are limits to how often you can receive debt discharge and the protections of bankruptcy.

At Ledford, Wu & Borges, LLC, our attorneys have extensive experience handling Chapter 7 and Chapter 13 bankruptcy cases for clients throughout Chicago and the surrounding suburbs. We are dedicated to helping you achieve your debt relief goals.

Is filing bankruptcy right for you? Contact a Chicago bankruptcy lawyer by e-mail or call 312-853-0200 for a free consultation at any of our seven office locations. Our Chicago Chapter 13 bankruptcy attorneys are here to protect your rights.

“Can I File for Bankruptcy?”

If you have filed for Chapter 7 or Chapter 13 bankruptcy, the following timelines apply for when you can file again:

• Chapter 7: Once every eight years
• Chapter 13: Can be filed whenever it is needed unless specifically barred by law or the court. You cannot get a DISCHARGE in Chapter 13 if:
  • A discharge was received in Chapter 7 in a case filed within 4 years
  • A discharge was received in Chapter 13 in a case filed within 2 years
  • You cannot get a discharge in Chapter 7 if a discharge has been granted in Chapter 13 within six years of the filing of Chapter 7 unless the Chapter 13 paid back at least 70% of all unsecured debt and was proposed in good faith using the debtor’s best efforts.

The bankruptcy court has discretion in allowing bankruptcy protections to debtors. For instance, they will likely offer more lenience to someone struggling with medical bills than someone who repeatedly files bankruptcy due to credit card debt.

The Automatic Stay

Additionally, the automatic stay – the legal injunction that protects people from foreclosure, garnishment, harassment and other creditor actions – is affected by multiple filings. The timelines are as follows:

• If you have had one bankruptcy case dismissed in the last year, the automatic stay only lasts for 30 days, but can potentially be extended with the assistance of an experienced bankruptcy attorney.
• If you have had more than one bankruptcy case dismissed in the past year, the automatic stay will not go into effect at all upon filing. It can, however, be imposed on your creditors on a motion by your attorney.

Our attorneys can help you understand your rights so that you can fully explore your legal options and make bankruptcy law work for you.