Law Office of James L. Keenan

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James Keenan Law

Contact me for a free consultation!

PH 916.448.6923

TXT 916.715.6145

EMAIL James now!

Contact me for a free consultation!

PH (916) 448-6923

TXT (916) 715-6145

EMAIL James now!

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Bankruptcy Refiling

Bankruptcy refiling is a common question potential clients ask. Can you refile a bankruptcy they ask. Yes, you can refile a bankruptcy. But the effect of a subsequent bankruptcy filing varies depending on how long it has been since you last filed bankruptcy. It also depends on how the prior bankruptcy concluded. Was the prior bankruptcy case concluded successfully? Did it result in a bankruptcy discharge, or was it dismissed. When a bankruptcy case is completed, and all goes well, the result is a discharge. A bankruptcy discharge eliminates your debt. With a Chapter 7 bankruptcy normally all your debt is discharged. In a Chapter 13 bankruptcy you commonly pay a portion of your debt, and then discharge what you cannot afford to pay. But if a case is dismissed, a discharge is not ordered by the bankruptcy court.

Refiling Options

Refiling after a prior case was dismissed is common, and can usually be filed right after the prior case is dismissed. A bankruptcy refiling after the previous case was discharged may result in another discharge, or it may not. It depends how long between the bankruptcy filings.

If it has been 8 years since your last case was filed, all bankruptcy options should be available again. If more more than 4 years but less than 8, you can file a Chapter 13 bankruptcy and discharge what you can't afford to pay; but you will need to pay something in that situation, even if only 1% of your debt. Less than 4 years you normally do not get a discharge. But you can refile a bankruptcy and get bankruptcy protection, provided you repay all your debt. This is a common scenario for those facing a home foreclosure. If their home is being foreclosed and they filed bankruptcy resulting in a discharge the last 4 years, they can still stop the foreclosure process with a bankruptcy filing. But they would have to pay back their debt owed on the house and other debts.

Bankruptcy Refiling Risks

Though bankruptcy refiling can be an option, it can come at a cost. If you file bankruptcy and have had a prior case pending in the prior year, you only get 30 days of bankruptcy protection. You have to ask the court for more if you need it. Two prior cases in the past year is even worse. You get no bankruptcy protection under that circumstance. You have to ask the judge to order it to get it. There are restrictions and technical rules to it all. Best if you don't have to refile. But it is nice to know you can if you have to.

Contact me for a free consultation if you have any questions concerning bankruptcy refiling. It is a very technical area of bankruptcy law that is best not done without professional advice. The Sacramento Bankruptcy Court is another good option for information you may need. 

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Law Offices of James L. Keenan

2600 H St. Sacramento, CA 95816

Phone: 916-448-6923

Fax: 916-442-6524

Email: jameslkeenan@aol.com

Office Hours: Monday – Friday 8 a.m. – 5:30 p.m.

Evening Appointments Available

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Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact James Keenan personally for a consultation on your particular matter. This web site is not intended to solicit clients for matters outside of the state of California.