After your first experience with filing for bankruptcy, you may not get the financial relief you were anticipating. In fact, you may feel the need to start this process all over again and file for bankruptcy again. Well, read on to discover how often you can file for bankruptcy and how a seasoned Rockland County bankruptcy attorney at The Law Offices of Allen A. Kolber, Esq. can help you decipher whether you should in the first place.
How often can I file for bankruptcy in New York State?
According to New York Debt Relief, there may not be a limit to how many times you can file for bankruptcy in the state. However, there may be an imposed waiting period between your bankruptcy petitions. For example, if you filed for Chapter 7 bankruptcy first and are looking to file for it again, you must wait eight years. But if you are now looking to file for Chapter 13 bankruptcy, you must wait four years.
On the other hand, if you filed for Chapter 13 bankruptcy first and are looking to file for it again, you must wait two years. But if you are now looking to file for Chapter 7 bankruptcy, you must wait six years. Of note, this waiting period starts when your debts are discharged at the end of your proceedings rather than when you filed for your initial bankruptcy.
Can I file for bankruptcy again after being dismissed with prejudice?
You may have been involved in a situation where your initial bankruptcy filing was dismissed with prejudice. That is, the New York State bankruptcy court may have dismissed your case for this reason if they believed you were committing fraud, abusing the bankruptcy system, or otherwise acting in bad faith. In this event, the period you must wait to file for bankruptcy again may be significantly extended. Or, in a worst-case scenario, you may be barred from a bankruptcy option indefinitely.
However, say that your bankruptcy case was dismissed without prejudice. This may have happened if the New York State bankruptcy court deemed you did not meet the eligibility requirements. Or, if they believe you did not follow the procedural steps accordingly. Well, you may rest easier knowing that you may not be penalized with an extended waiting period after this incident. You may even have the opportunity to file again almost immediately afterward. For this, though, you need to ensure you do not repeat the same mistakes as in your first attempt.
So if a subsequent bankruptcy is something you are seriously considering, contact a competent Rockland County bankruptcy attorney. We will provide the emotional and legal support you require during this pivotal time. Our team at The Law Offices of Allen A. Kolber, Esq. looks forward to helping you.
