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Can a person file for Chapter 13 bankruptcy more than once?

Filing for bankruptcy is an event that most Americans will be able to avoid throughout their entire lives. Those who do file for bankruptcy may vow never to let themselves experience financial hardships again so that they may avoid pursuing bankruptcy in the future. However, filing for bankruptcy more than once is something that occurs in the lives of Tennessee residents, but when it comes to pursuing second personal bankruptcy cases, individuals should know that they are limited as to when those subsequent cases may begin.

In the case of a person who wishes to file for Chapter 13 bankruptcy and received a bankruptcy discharge in the past, they may need to wait several years before bringing their second case. If their prior discharge came from a Chapter 13 action, then they must wait at least two years to file again. If their prior discharge came from a Chapter 7 action, then they must wait at least four years.

Individuals who have sought to resolve their debts through the bankruptcy courts, but whose matters were dismissed rather than discharged, also have a waiting period before they may file again. A dismissed personal bankruptcy action under either Chapter 13 or Chapter 7 that occurred in the 180 days prior to the debtor's subsequent filing may bar the debtor from moving forward with their subsequent action.

Individuals who have gone through bankruptcy before may benefit from getting more information about what they must do to engage with the process again. Filing for bankruptcy can be complicated, so Tennessee residents should know what they are getting into.

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Kenneth C. Rannick, P.C.
4416 Brainerd Road
Chattanooga, TN 37411

Phone: 423-624-4002
Toll Free: 800-257-7594
Fax: 423-624-0509
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