Can I File For Bankruptcy A Second Time Or More? Understanding Waiting Periods And Repeat Filings In Florida

In this article, you will discover:

• Whether you can file for bankruptcy two or more times
• Whether courts or trustees treat or see you differently if you file bankruptcy more than once
• Whether filing successive bankruptcies helps you regain financial stability

How Many Times Can You File Bankruptcy In Florida?

There is no limit to how many times you can file for bankruptcy. The conditions are subject to federal rules and are based on elapsed time from prior filing dates.

If you file Chapter 7 and receive a discharge, you can’t file for another eight years from the filing date. Technically, if you want to file bankruptcy Chapter 7 every eight years, there’s no limit.

If you want to file a Chapter 13, you can file four years after your Chapter 7 filing date. You could file as many bankruptcies as you needed after that period.

Many people file Chapter 13 to stop foreclosure sales. If you file several of those in a short period to stop the sale, you can be barred for some time for abuse. However, if you’re filing complete bankruptcies that get discharged, you only have to wait until the next cycle opens up where you can file again, whether it be for a Chapter 7 or 13.

If you complete a Chapter 13, you can file a Chapter 7 after eight years. As long as you complete your bankruptcy, you’ll never be barred from it. If you’re using it as a tool to circumvent certain situations, eventually the court will sanction you.

Do Florida Bankruptcy Courts Treat People Who File Bankruptcy More Than Once Differently?

The courts do not treat people who’ve filed more than once differently. You’ll be asked at your 341 meeting if you’ve ever filed for bankruptcy before. The only reason you’re asked is to have it on the record whether you’ve filed and when last you filed to determine if you’re eligible to file again.

Do Trustees Treat People Who File Bankruptcy More Than Once Differently?

Unless the bankruptcy filer abused the situation in a prior filing, it’s not an issue to a trustee. You’re allowed to file repeatedly, so long as you’re following the law.

Attorney Alec Solomita is an experienced lawyer based in Orlando, FL, who has helped countless clients like you navigate the intricacies of bankruptcy law. With more than 17 years of experience, he is prepared to assist you with repeat filings for bankruptcies so you can take regain control after unavoidable financial setbacks.

Still have questions? Ready to get started? Contact Solomita Law today to schedule an initial consultation.

Can You File For Chapter 13 Bankruptcy After A Previous Chapter 7 Discharge In Florida?

It is possible to file a Chapter 13 after a Chapter 7. You must wait four years.

Notes From The Field: What Unique Strategies Or Planning Go Into A Second Or Third Bankruptcy Filing?

Generally, I’ll know if you have filed before. I may not know how many times you’ve filed unless you tell me or I’ve represented you before. When I file a second time for a client, my strategy doesn’t change. I’ll still ask you the same questions to see if your case is good.

In Your Experience: Situations Where A Second Or Third Bankruptcy Helped Someone Regain Long-Term Stability

Filing bankruptcy twice doesn’t necessarily make your financial situation better. It fixed your situation at the time. Maybe your financial situation was fixed by filing for bankruptcy ten years ago. However, nine years later, something happened to make your situation worse; you needed to file again, and you fixed the situation by filing.

However, filing two bankruptcies in eight and a half years or nine years doesn’t necessarily fix the situation. Sometimes, your situation improves, and sometimes it gets worse. Overall, it’s circumstantial. Maybe you went through a divorce or were laid off, and you couldn’t work. Those circumstances are devastating, and they can happen more than once.

The reason why I still do this after so many years is that something will always occur that makes it harder for people to survive. It’s only gotten worse since I’ve been an attorney.

I live and work in Central Florida. Since the pandemic, it’s significantly more expensive to live here. Rent, property taxes, home insurance and car insurance have increased. Nationally, grocery prices, car payments and utilities have all increased as well. Everything is more expensive than it was.

In Florida, the median income hasn’t matched those increases. People are making the same money they made five or six years ago, and now it’s more expensive to live here. That means people now need more bankruptcy relief. They’re doing their best, but they don’t have the funds because everything’s more expensive than it used to be.

What used to be a $1,600 rent is now $2,400. How do you make up an additional $800 a month if you’re not getting an $800 a month increase in your income? People do what they can: use credit cards, take lines of credit, sell possessions or borrow. Sometimes, they get a better job and make it, but often, they’re exhausted financially and physically, they’re being sued, and they need help. That’s when they call me.

Still Have Questions? Ready To Get Started?

For more information on repeat filing for bankruptcy in Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 708-9681  today.