If you have filed bankruptcy in the past, but find yourself in another financial situation from which you do not believe you’ll be able to emerge on your own, then you may be contemplating going through bankruptcy again. It is important to know that you cannot go through bankruptcy too often, and the court will dismiss your case if you file for bankruptcy too soon after you have already had your debts discharged in a previous bankruptcy. Make sure you set up an appointment with a knowledgeable New York bankruptcy attorney before you initiate your case so that you are clear on all the rules and regulations. This can help ensure you follow through with the filing process properly and have clarity about what you can expect as your bankruptcy unfolds.
Chapter 7 vs. Chapter 13: What you need to know
You are not eligible to discharge your debts in chapter 7 bankruptcy if you have previously filed Chapter 7 in the last eight years or if you had filed Chapter 13 in the last six years. You cannot receive a Chapter 13 discharge of debts if you previously filed a Chapter 7 case in the last four years or another Chapter 13 case in the last two years.
What if my previous discharge was not successful?
If you did not receive a discharge in your previous bankruptcy filing, then depending on the reasons why this happened, you might be eligible to file for a discharge at any time without being concerned about restrictions. In order to verify that this is accurate for your case you need to consult with a New York bankruptcy attorney who can clarify the important issues and explain to you the time limitations, if any, that apply to your case.
If you are considering filing a personal bankruptcy, then you should speak with an attorney. Jayson Lutzky is a Bronx, NY lawyer with over 32 years of experience. He can help explain your rights and help you consider your options. Mr. Lutzky offers free in-person initial consultations. Call 718-514-6619 to set up an appointment and visit www.MyNewYorkCityLawyer.com to learn more about bankruptcy.