San Diego Chapter 7 Lawyer – San Diego Bankruptcy Attorney
Bankruptcy laws and regulations are in place to provide good faith debtors a fresh financial start. But what happensif after you got your bankruptcy discharge, you found yourself burdened with insurmountable debt again? The first question you would probably ask is: can I file for bankruptcy again?
There are no limits on how often you can file for San Diego bankruptcy protection. But if you want a debt discharge in your second bankruptcy, there are certain pointers you should bear in mind:
1. If your first bankruptcy was filed under Chapter 7 (which eliminated your debts, rather than restructured them), and you received a discharge, you will have to wait eight years before you can receive another Chapter 7 discharge.
2. If your second bankruptcy will be a Chapter 13, and your first bankruptcy was a San Diego Chapter 7, you will have to wait four years before you can receive a discharge.
3. If your first bankruptcy was a San Diego Chapter 13, you will have to wait two years before receiving another Chapter 13 discharge.
4. If you want a Chapter 7 discharge in your second bankruptcy, you will have to wait six years after your Chapter 13 filing.
As a San Diego bankruptcy lawyer, I have seen a lot of my clients confused with these rules, oftentimes making a wrong decision by filing the wrong bankruptcy case at the wrong time.
To determine whether you are eligible to file a second bankruptcy, remember that the time periods are measured from the filing date of the first bankruptcy to the filing date of the second bankruptcy, and not from the discharge date of the first bankruptcy to the filing date of the second bankruptcy.
There are also exceptions to the time requirements, so, in some cases, you might be eligible to file before the end of the waiting period.
Filing for a second bankruptcy brings back the emotional, physical and financial stress you experienced in your first bankruptcy. No one wants to experience it again, but there are things we cannot control — like illness, loss of employment and other factors. The Law Office of Harold D. Thomson and its award-winning team of San Diego Chapter 13 bankruptcy lawyers will help you determine whether you are qualified to file for a second bankruptcy in order to obtain a fresh start. Call our office today at 888.590.1773 for a free, confidential consultation, download a free copy of our California Guide to Bankruptcy or find out how you can become a client right now!
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