Can I File for Bankruptcy Twice in Kansas?
Time Limitations for Multiple Bankruptcies
Although most people assume that filing for bankruptcy will take care of their debt-related issues once and for all, some may find themselves in financial turmoil later on down the road. Under these circumstances, it may be necessary to circle back to the idea of filing for bankruptcy yet again. Although federal law would not prohibit you from filing a second time, it is important to understand that it does place limitations on how often the court can grant a discharge of debt. For this reason, it may be necessary to wait a certain period of time before undergoing this process an additional time. How long you will need to wait will depend on the type of
bankruptcy that you are interested in filing and what type of bankruptcy you filed last—as there are different restrictions for each.
- Successive Chapter 7 Cases: You must wait at least 8 years
- Successive Chapter 13 Cases: You must wait at least 2 years
- Chapter 7, then Chapter 13: You must wait at least 6 years
- Chapter 13, then Chapter 7: You must wait at least 4 years
What if my debt was not discharged in the first case?
If certain debts were not discharged during the first bankruptcy, either because your case was dismissed or the discharge was denied, it is important to understand that different limitations would apply. If the original case was dismissed because you had failed to follow a court order and/or appear in court, for example, you would only need to wait 180 days before filing again. If the court had simply decided not to discharge certain debts during the first case, however, things may become a little trickier. Since you would not be entitled to a discharge of any of the same debts that were included in the first case, it may not be in your benefit to pursue a second case. In order to determine which course of action is right for you, it is recommended that you contact a Kansas bankruptcy lawyer from Rick Hodge, Attorney at Law, L.C.
Contact a Kansas Bankruptcy Attorney Today
Making the decision to file for bankruptcy a second time can be difficult without the expert guidance of a legal professional, so you should not hesitate to consult the legal team at Rick Hodge, Attorney at Law, L.C. before moving forward. Although this process could free you from overwhelming debt once again, it is important to understand that bankruptcy isn't your only option. For this reason, we encourage you to take advantage of a free consultation today. All you have to do is call at (800) 836-3617 or submit a complimentary case evaluation form online.