Individuals can file for bankruptcy multiple times, as the bankruptcy code allows for repeat filings under certain conditions, while limiting the number of discharges one can receive. The document outlines the 2-4-6-8 rule, which specifies the waiting periods between different types of bankruptcy filings to qualify for a discharge. Consulting a bankruptcy attorney is recommended to navigate the complexities of filing again and to explore debt relief options.

1. CAN I FILE
BANKRUPTCY AGAIN
EVEN IF I HAVE FILED
BEFORE?

2.  Filing a bankruptcy case gives you a
fresh start to recover after a financial
crisis without the burden of debts you
cannot pay hanging over your head. By
filing a Chapter 7 or Chapter 13
bankruptcy case, you can get out of
debt, protect retirement savings, and
keep your property. In most cases,
debtors can eliminate most, if not all,
unsecured debts without losing any
property.

3.  While filing a bankruptcy case is usually
not as stressful or difficult as many
people believe, the process is not
something that most people want to
repeat. However, lawmakers realize that
some individuals may experience more
than one financial crisis during their
lifetime that requires the assistance of
the bankruptcy court to resolve.
Therefore, lawmakers included a
provision within the Bankruptcy Code
that allows debtors to file bankruptcy
again if they find themselves in another
financial situation in which they cannot
pay their debts.

4.  However, filing a bankruptcy case and
receiving a bankruptcy discharge are two
separate matters. The distinction
between a bankruptcy filing and a
bankruptcy discharge becomes very
important when you are considering filing
bankruptcy again
 If you believe you need to file Chapter 7
again or file a second Chapter 13 case,
call (904) 679-2020 for a free
consultation with an Orange Park
bankruptcy lawyer.

5. Why Do People File For
Bankruptcy Relief A
Second Time in Florida?
 Individuals throughout Florida file for
bankruptcy relief for numerous
reasons. Regardless of the underlying
reason for filing a Chapter 7 or a
Chapter 13 case, the common factor
in all cases is that the person cannot
afford to pay his or her debts.
Reasons, why a person cannot afford
to pay debts, include:

6.  Periods of unemployment
 A long-term reduction in income
 The death of a spouse
 Divorce or separation
 Loss of a business or downturn in
business
 A sudden illness or accidental injury
 Overuse of credit cards
 Poor financial management

7.  Many different life events can precipitate
the filing of a Chapter 13 or a Chapter 7
case. Unfortunately, someone may
experience several financial hardships.
While some financial hardships may not
require filing for bankruptcy relief, a
person may find that he or she needs to
file another bankruptcy case.

8.  For that reason, the Bankruptcy Code
does not prevent a person from filing
bankruptcy again, but it does limit the
number of bankruptcy discharges a
person can receive during a specific
period.

9. What is a Bankruptcy
Discharge?
 The goal of filing a Chapter 7 or Chapter
13 case is to obtain a bankruptcy
discharge. The bankruptcy discharge
eliminates your legal responsibility to
repay a discharged debt. Creditors are
prohibited by law from taking any actions
to collect a discharged debt, including
wage garnishments, filing debt collection
lawsuits, or sending collection letters.

10.  If you file a bankruptcy case but do not
receive a bankruptcy discharge, your
legal liability to repay debts remains and
your creditors may continue legal actions
to collect the debt when the bankruptcy
case is closed. Therefore, filing a
Chapter 7 or Chapter 13 case without
receiving a bankruptcy discharge is
useless if your intention is to get out of
debt.

11. Filing Bankruptcy Again
vs. Receiving Another
Bankruptcy Discharge
 There are no restrictions on the number
of bankruptcy cases you can file or when
you can file another bankruptcy case
within the Bankruptcy Code. However, it
does limit the number of bankruptcy
discharges you may receive during a
certain period. The easiest way to
remember when you are eligible for
another bankruptcy discharge is to use
the 2-4-6-8 Rule.

12. How Often Can I File
Bankruptcy?
 The 2-4-6-8 Rule helps you remember
how long you must wait between
bankruptcy filings to receive another
bankruptcy discharge. Below are the
time frames for receiving another
bankruptcy discharge:

13.  How long must I wait to file another
Chapter 13 case after a prior Chapter
13 case?
 The time you must wait between Chapter
13 cases is two years to be eligible to
receive another bankruptcy discharge by
filing Chapter 13 again.

14.  How long must I wait to file a Chapter
13 case after a prior Chapter 7 case?
 If your previous bankruptcy case was
filed under Chapter 7, you must wait four
years between filings to receive a
bankruptcy discharge under a new
Chapter 13 case.

15.  How long must I wait to file a Chapter
7 case after a prior Chapter 13 case?
 If your previous bankruptcy case was
filed under Chapter 13, you must wait six
years before filing a Chapter 7 case to
be eligible to receive a bankruptcy
discharge.

16.  How long must I wait to file another
Chapter 7 case after a prior Chapter 7
case?
 The time you must wait between Chapter
7 cases
https://www.law.cornell.edu/uscode/text/1
1/727 is the longest to receive another
bankruptcy discharge. You must wait
eight years between Chapter 7
bankruptcy cases to be eligible for
another bankruptcy discharge under
Chapter 7.

17.  In some cases, factors may complicate
the calculation of the time required
between bankruptcy filings to receive a
bankruptcy discharge. For instance, your
circumstances might qualify you for a
hardship discharge even though the time
between bankruptcy files does not meet
the requirements under the 2-4-6-8 Rule.

18.  It is best to consult an experienced
Orange Park bankruptcy attorney if you
believe you need to file bankruptcy
again. A Florida bankruptcy lawyer can
analyze your current financial situation,
explain your various bankruptcy and
non-bankruptcy options for debt relief,
and help you choose the best debt relief
option for you.

19. Contact a Bankruptcy Attorney
in Orange Park for a Free Case
Review
 The decision to file a Chapter 13 or a
Chapter 7 bankruptcy case should only
be made after careful consideration of all
debt relief options. If you are struggling
to pay debts each month, filing for
bankruptcy relief may give you the fresh
start you need to recover after a financial
crisis.

20.  Bankruptcy Attorney Tony Turner
represents individuals, couples, and
businesses in Orange Park, Jacksonville,
Lake City, Deland, Augustine, and the
surrounding areas as they seek
affordable solutions to debt problems.

21.  If you are ready to explore
bankruptcy options to get rid of
debt, contact The Law Office of
Tony Turner by calling (904) 679-
2020 or by using the online form
to schedule your free
consultation with a Florida
bankruptcy lawyer.