I filed for bankruptcy last year. Can I file this year, too?

On Behalf of | Apr 1, 2016 | Personal Bankruptcy |

Not many Tennessee residents look forward to filing for bankruptcy, and few would choose to file more than once in their lifetime. However, depending upon the health of a person’s finances the prospect of filing for bankruptcy multiple times may present itself. Though an individual may choose to file for bankruptcy at different stages in his life, he is subject to filing restrictions that limit when his subsequent bankruptcy actions may begin.

For example, if a person has had a personal bankruptcy discharged under Chapter 7, he may not pursue another Chapter 7 discharge for another eight years. He can file for Chapter 13 bankruptcy a little sooner under this scenario but still must wait six years before pursuing the alternative form of debt relief. Therefore, to answer the question posed in this post, a debtor generally cannot file for personal bankruptcy in two consecutive years.

There are other forms of debt relief that individuals can utilize as they wait to file for subsequent bankruptcy actions. Attorneys who work in the bankruptcy field can provide guidance to their clients about these alternatives and can also discuss the specific details of their clients’ cases with them to ensure that bankruptcy is truly the best course of action for them to take.

As every bankruptcy case is different, readers of this blog are encouraged to seek out their own legal guidance on personal bankruptcy matters. Filing requirements can change and are subject to modifications of the law. Bankruptcy lawyers stay abreast of the changes that impact personal bankruptcy filing requirements and can assist their clients with the difficult process of using bankruptcy as a way of securing financial freedom.


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