Monday, October 31, 2011

How Often Can a Bucks County Individual File for Bankruptcy?

There are no legal limits to the number of times a bankruptcy client in Bucks County can file for bankruptcy, but there is a definite and specific time line between the filings. For instance, if you filed for a Chapter 7 you must wait 8 years before you are eligible to file another Chapter 7. You may, however, file a Chapter 13 within the 8 years. Be forewarned that if you file for a Chapter 13 before four years of filing for a Chapter 7, your unsecured debts will not be discharged.

If you filed a Chapter 13 bankruptcy and wish to file another Chapter 13 within a year, you will have to file a motion with the bankruptcy court to extend the automatic stay, which only lasts for 30 days on a second filing (see 11 USC 362 (c) (3)). To be granted the extension, you will have to show a change of circumstances (i.e. reduced expenses, an increase in pay, new family contribution, etc). Your Bucks County bankruptcy attorney can advise you of the best course of action.

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