Is there a waiting period for a second bankruptcy?

Is there a waiting period for a second bankruptcy?

Here are the waiting periods when a second bankruptcy case is a different chapter than the one you received your first discharge in. If the court granted your first discharge under Chapter 13 bankruptcy, you’d need to wait six years (from the Chapter 13 bankruptcy filing date) before filing for a Chapter 7 discharge.

Can a second bankruptcy cause an automatic discharge?

If this is your first or second bankruptcy, you are eligible to receive an automatic discharge based on the conditions noted earlier. There are, however, a few reasons why you would not receive an automatic discharge the most common of which are: You did not complete your duties.

Can a second mortgage be discharged after bankruptcy?

If you had a second mortgage before filing for bankruptcy, they most likely already perfected their lien on your house before the bankruptcy, probably around the time that you took out the second mortgage. If they didn’t, and then they try to perfect their lien after your bankruptcy, then they are violating the bankruptcy discharge.

When do you get a discharge from bankruptcy?

If you have been bankrupt before you will not be eligible for a discharge in 9 months. Your bankruptcy will be extended. If you are a second time bankrupt your bankruptcy will extend for 24 months. If you have surplus income.

How often can you file bankruptcy under the same chapter?

Filing Under the Same Bankruptcy Chapter: Chapter 7 and Chapter 13. Here are the timeframes if you plan to file the same bankruptcy chapter that you filed the first time: You’ll have to wait eight years after the filing date of the first Chapter 7 case before filing the second case.

What to do if you file a second bankruptcy?

If a second bankruptcy is your only option, you should ask your trustee to explain in detail the projected costs so that you understand the costs and your obligations, to ensure that your second time bankruptcy is completed as quickly as possible. Contact a trustee today if you think you need to file bankruptcy a second time.

Can you file bankruptcy if you have two pending cases?

Two cases pending within 12 months: If you had two cases pending within the previous 12 months, you might be allowed to file a third case, but the automatic stay will not go into effect at all unless you ask the court to impose it.

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