Search Site
Menu

How Many Times Can You File for Bankruptcy in Georgia?

For many people, some tough breaks can negatively affect their finances for the long term. Although filing for bankruptcy protection may help, they may find the need to file a second or subsequent time if their financial struggles continue.How often can I file for bankruptcy?

If you find yourself in this situation, the good news is that you can file for bankruptcy more than once.

Just how often you can file for bankruptcy in Georgia? You can file for bankruptcy two or more times depending on the type of bankruptcy you previously filed and the amount of time that has passed. However, there may be some limitations on your case depending on your situation and the details of your first bankruptcy filing.

For example, you may need to wait a certain period of time after your most recent bankruptcy discharge to file again. The following are some guidelines for how often you can file for bankruptcy in each situation.

If you previously filed Chapter 7

If you have already received a Chapter 7 discharge, you must wait at least eight years from the date on which you filed the previous claim before you can file for Chapter 7 again.

However, you only need to wait four years after the filing date of the Chapter 7 case to file for Chapter 13 bankruptcy. While it might seem like a bad idea to file for bankruptcy twice in four years, this is one circumstance in which it might be helpful to do so. You can use the restructuring processes of Chapter 13 to develop a repayment plan that helps you catch up on missed payments and other high-priority debts that could not be discharged when you filed for Chapter 7.

The process of filing for Chapter 13 bankruptcy after a Chapter 7 discharge is often referred to as a Chapter 20 bankruptcy.

If you previously filed Chapter 13

If you had debts discharged in a previous Chapter 13 claim, you cannot receive another Chapter 13 discharge for at least two years after the filing date of the first. It usually takes three to five years to complete a repayment plan, so you can typically file for another Chapter 13 bankruptcy as soon as you close the first case.

If you want to file Chapter 7 after having filed for Chapter 13, you have to wait at least six years from the filing date of the original case. However, this six-year rule does not apply if you paid back all your unsecured debts or at least 70 percent of your unsecured debts with a plan that was proposed in good faith.

Your bankruptcy discharge could be denied

It is important to note that some actions, such as, making false statements, or concealing property could cause your discharge to be denied. A qualified attorney can help you understand the rules and navigate the process.

For more information on the rules regarding when and how you can file for bankruptcy in Georgia, consult an attorney at Jeff Field & Associates. Call the firm at 404-381-1278 or contact us online to schedule a free initial consultation.


Related Posts:


 

Leave a Reply

Your email address will not be published. Required fields are marked *

Videos
Our Attorneys
Client Reviews
  • google
    5.0/5.0

    I have done business in the past with Jeff Field and Assoc. and highly recommend them to my family, friends and colleagues. I worked closely with Casey and Chris whom made the stressful process so much easier. I was able to rectify my issue in less t...

    Read more

    Hema Juman

  • lawyers
    5.0/5.0

    I chose Jeff Fields and Associates because of the positive reviews I read. My experience with them was very nice. Everyone I had the pleasure of working with was very professional and knowledgeable. Ms. Mai and Chase Butler were very quick too respon...

    Read more

    Client

  • lawyers
    5.0/5.0

    One of the best groups of people I’ve ever worked with. Fantastic company with employees who actually care about your personal experience during an awkward time. I hardly write reviews but wanted to let others know where to go if they happen to eve...

    Read more

    Client

  • lawyers
    5.0/5.0

    Working with Jeff Field & Associates was a pleasure. My attorney and case manager were awesome. They made this journey as smooth as possible and overall just very professional. I will recommend their services to anyone who is seeking help in gettin...

    Read more

    Client

  • google
    5.0/5.0

    This was by far a seem less process. Everyone was extremely helpful and a joy to work with. They answered all of my questions and followed up quickly when needed. Needless to say, I would definitely recommend their services to all of my friends and f...

    Read more

    Jason Barnes

See all reviews
Contact us

Please fill out the form below and one of our attorneys will contact you.

Quick Contact Form