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subject: Can You File Bankruptcy Twice [print this page]


There are certain situations in everyones life that can cause them to file for bankruptcy and sometimes that kind of situation happens not once but twice. This leads us to the question, can you file bankruptcy twice? The plain answer is yes you can.

There are two types of bankruptcy. The first type of bankruptcy is chapter 7 which is a liquidation of all the properties of a debtor in exchange for the elimination of debts. Not all properties are liquidated though. There are special types of properties that can be kept by the debtor. These types of properties are called exempt properties which are stated in the bankruptcy law. The proceeds from these liquidated properties will be distributed to the creditors.

The second type of bankruptcy is chapter 13 which is a repayment plan. The debtor must have a steady income that if minus all expenses, will still have an amount that can cover his debt for a period of time agreed by the creditors. This type of bankruptcy requires a person to attend a credit counseling session which is provided by a credit counseling agency. The agency will also make a repayment plan which will be provided for a debtor to guide him in his filing of a chapter 13.

The time it would take a person to be able to file another bankruptcy will depend on the original type of bankruptcy that he/she acquired in the past. It will take you six to eight years before you can file another bankruptcy chapter 7 and two to four years if you file a chapter 13 type of bankruptcy. You could also change from a chapter 13 type of bankruptcy to a chapter 7 type of bankruptcy if you would be able to prove that your income has changed and that you could not keep up with the repayment plan.

There are risks in filing bankruptcy twice or more. The protection you gain against your creditors can be decreased or even be eliminated. Can you file bankruptcy twice? The type of bankruptcy you previously filed and the type of bankruptcy you will file will affect the answer to that question.

If you decided to file bankruptcy twice, I suggest you go to a petition preparer or a bankruptcy lawyer to prepare your papers and documents for you and you can do all the rest of the work. This will enable you to limit the amount of money you will spend in filing bankruptcy. If you need support in filing your bankruptcy or if you have any questions about bankruptcy, you can visit the link below.

by: Steve




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