When you file for bankruptcy, you likely have the hope that your debts will be discharged and you will be able to get your finances in order. However, life can hand you unexpected circumstances, and you can quickly find yourself struggling to handle new debts — leaving you wondering if you can file for bankruptcy in New York once again.
While the short answer is yes, there are certain rules and qualifications that will affect when and how you file again.
Re-Filing for Bankruptcy in New York
There are Waiting Periods for Each Chapter
When you refile for bankruptcy in New York, you must abide by the waiting period for each chapter. If you previously had your case discharged under Chapter 7, you must wait eight years before another case can be filed and discharged. If you previously had your case discharged under Chapter 13, you only have to wait two years.
Can I Refile Under a Different Chapter?
In short, yes, you can. However, there are still specific waiting periods that apply.
Converting Chapter 13 to Chapter 7
If you try to refile under Chapter 13 but your debt plan is not accepted by the courts, you can convert your filing to Chapter 7. However, you will still likely have to wait six years before your debts can be discharged.
Converting Chapter 7 to Chapter 13
Normally, you must wait four years before being able to receive a discharge after converting your case from Chapter 7 to Chapter 13. However, in specific cases, you may qualify for a process called Chapter 20, in which you can immediately file for Chapter 13 bankruptcy after a Chapter 7 discharge.
Since this process is much more complicated, it’s best to have an experienced bankruptcy attorney guide you through every step of the filing process.
Can I Refile if My Case was Not Discharged?
In the event that your first bankruptcy case was not discharged, you often can immediately refile without a waiting period. If you voluntarily dismissed your case, you may have to wait around 180 days to refile, but this period is not set in stone.
Bankruptcy Attorney in Monroe County
Filing for bankruptcy is a complicated process, especially if it is not your first time filing. The experienced bankruptcy attorneys at Duke Law Firm, P.C. will provide you with honest counsel and advise you on the best steps to take. Whatever your circumstances, we can help you get out from under your financial burden.
Contact us today at (585) 449-4987 or online to schedule a free half-hour consultation to discuss your finances.