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Can I File for Bankruptcy Again? Understanding the Rules and Timing

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Filing for bankruptcy can be a lifeline for those overwhelmed by debt. But what if you’ve already gone through the process once and find yourself in financial trouble again? Can you file for bankruptcy a second time? The short answer is yes, but there are specific rules and waiting periods you need to understand.

Filing for Bankruptcy More Than Once: Is It Possible?

Yes, you can file for bankruptcy more than once. The U.S. Bankruptcy Code allows individuals to file multiple bankruptcies throughout their lifetime. However, there are important restrictions and time limits between filings, depending on the type of bankruptcy you filed previously and the type you plan to file next.

How Long Do I Have to Wait to File Bankruptcy Again?

The waiting period between bankruptcy filings depends on the chapters under which you filed and plan to file. Here’s a breakdown:

1. Chapter 7 to Chapter 7

  • Waiting Period: 8 years from the date of the first filing.
  • If you previously filed for Chapter 7 bankruptcy and received a discharge, you must wait eight years before you can file for Chapter 7 again. This extended period is designed to prevent abuse of the bankruptcy system.

2. Chapter 7 to Chapter 13

  • Waiting Period: 4 years from the date of the first filing.
  • If you initially filed for Chapter 7 and received a discharge, you can file for Chapter 13 bankruptcy after four years. Filing for Chapter 13 after a Chapter 7 discharge is sometimes referred to as a “Chapter 20” bankruptcy. While you won’t be able to discharge your debts in Chapter 13, you can use it to catch up on missed mortgage or car payments.

3. Chapter 13 to Chapter 13

  • Waiting Period: 2 years from the date of the first filing.
  • If your previous bankruptcy was a Chapter 13, you must wait at least two years before filing for Chapter 13 again. Since Chapter 13 plans typically last three to five years, this means you can file again almost immediately after your previous case is discharged.

4. Chapter 13 to Chapter 7

  • Waiting Period: 6 years from the date of the first filing.
  • If you previously filed for Chapter 13 and received a discharge, you must wait six years before filing for Chapter 7. However, there are exceptions. If you paid back 100% of your unsecured debts or 70% with a good-faith effort, you may be able to file Chapter 7 earlier.

Why Are There Waiting Periods?

The waiting periods between bankruptcy filings exist to ensure that bankruptcy is used as a last resort and not as a regular financial strategy. These rules are meant to encourage individuals to work toward financial stability rather than relying on multiple bankruptcies. Multiple bankruptcies in a relatively short period of time may be considered a form of bankruptcy abuse.

What If I Didn’t Receive a Discharge?

If your previous bankruptcy case was dismissed or you didn’t receive a discharge for some reason (e.g., you didn’t complete the required paperwork, or the court denied your discharge due to fraud), the waiting periods mentioned above don’t apply. You may be able to file again immediately, but the outcome of your case will depend on the reasons for the dismissal or denial.

Considerations Before Filing for Bankruptcy Again

Before deciding to file for bankruptcy again, consider these important factors:

  1. Impact on Credit: Multiple bankruptcies will significantly impact your credit score, which may make it more difficult to obtain loans, mortgages, or credit cards in the future.
  2. Legal and Filing Fees: Filing for bankruptcy multiple times can be costly. Make sure you understand the financial implications, including attorney fees and court costs.
  3. Alternatives to Bankruptcy: Explore other debt relief options, such as debt consolidation, negotiation with creditors, or financial counseling, before resorting to bankruptcy again.

Final Thoughts

Filing for bankruptcy more than once is possible, but it’s important to understand the rules and waiting periods that apply. Bankruptcy can provide relief, but it’s not a decision to be taken lightly. If you’re considering filing again, consult with a bankruptcy attorney to discuss your options and develop a plan that’s right for your financial situation.

By understanding the timing and implications, you can make an informed decision that helps you regain control of your financial future.

Schedule a free bankruptcy consultation with Jennifer Weil, a New Jersey bankruptcy attorney, to discuss your options.

Chapter 13 vs. Debt Settlement: Which one is better?

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Introduction

When financial storms hit, individuals are often faced with tough decisions on how to regain control. Two common paths are Chapter 13 bankruptcy and debt settlement. In this article, we’ll explore why Chapter 13 bankruptcy stands out as a more comprehensive and advantageous option compared to debt settlement.

Understanding Chapter 13 Bankruptcy

Chapter 13 bankruptcy, often dubbed the “wage earner’s plan,” is a structured legal process that enables individuals with a regular income to reorganize their financial affairs. The process involves creating a realistic and manageable repayment plan, typically spanning three to five years, allowing debtors to regain control of their finances.

**1. Structured Repayment Plan:

  • Chapter 13 Advantage: One of the primary advantages of Chapter 13 bankruptcy over debt settlement is the creation of a structured repayment plan. This plan is tailored to the debtor’s income, expenses, and debt obligations, ensuring a realistic and sustainable path to financial recovery.
  • Debt Settlement Challenge: In contrast, debt settlement often involves negotiating with creditors to settle debts for a reduced amount. However, the lack of a structured plan can lead to unpredictable outcomes, leaving debtors vulnerable to unexpected financial challenges.

**2. Court Protection and Oversight:

  • Chapter 13 Advantage: Filing for Chapter 13 bankruptcy triggers an automatic stay, providing immediate relief from creditor actions such as wage garnishments, foreclosure, or harassment. Additionally, the court oversees the entire process, ensuring fair treatment of creditors and debtors.
  • Debt Settlement Challenge: Debt settlement lacks the same level of court protection. Creditors may continue their collection efforts, and the debtor is left to navigate negotiations independently, without the structured oversight provided by bankruptcy courts.

**3. Debt Discharge vs. Settlement:

  • Chapter 13 Advantage: Upon successful completion of the repayment plan, Chapter 13 allows for the discharge of remaining qualifying debts. This means that debts included in the plan can be eliminated, providing a true fresh start for the debtor.
  • Debt Settlement Challenge: Debt settlement, while reducing the overall debt amount, does not guarantee a complete discharge of the remaining balance. Creditors may still pursue the debtor for the outstanding amount, and the impact on credit can be significant.

**4. Credit Impact and Rebuilding:

  • Chapter 13 Advantage: While both Chapter 13 bankruptcy and debt settlement have an impact on credit, Chapter 13 provides a clearer path to rebuilding credit. Debtors can start the process of rebuilding credit immediately after completing the repayment plan.
  • Debt Settlement Challenge: Debt settlement may result in negative entries on the credit report, potentially affecting the debtor’s ability to secure credit in the future. Rebuilding credit after settlement can be a more prolonged process.

Conclusion: A Comprehensive Solution for Financial Recovery

In the realm of financial recovery, Chapter 13 bankruptcy emerges as a more comprehensive and structured solution compared to debt settlement. The protection, oversight, and potential for a complete discharge of qualifying debts make Chapter 13 a powerful tool for those seeking a fresh start. While debt settlement may offer some relief, the lack of a formalized plan and the uncertainty surrounding debt resolution make Chapter 13 the preferred choice for individuals navigating the complexities of financial challenges. Before making a decision, consulting with a qualified bankruptcy attorney is essential to understand the unique advantages Chapter 13 bankruptcy can offer based on individual circumstances.

Schedule a free bankruptcy consultation with Jennifer Weil, a New Jersey bankruptcy attorney, to discuss your options.

Are You Considering Debt Adjustment in NJ? Read This First!

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If you’re struggling with debt in New Jersey, you may have heard about debt adjustment as a way to get relief. Debt adjustment, also known as debt settlement, is a process where you negotiate with your creditors to settle your debts for less than you owe. However, it’s important to understand the laws around debt adjustment in New Jersey before deciding if it’s the right choice for you.

First, it’s important to know that debt adjustment companies are required to be licensed by the New Jersey Department of Banking and Insurance. These companies must follow specific regulations and guidelines to ensure that they’re acting in the best interest of their clients. It’s crucial to research and choose a licensed debt adjustment company to ensure that you’re working with a reputable organization.

Second, it’s important to understand the fees associated with debt adjustment. While debt adjustment companies can only legally collect their fees once they’ve successfully settled your debts, many of them charge high fees along the way that may not be adequately disclosed up front.

Third, it’s important to know that debt adjustment companies can’t guarantee that they’ll be able to settle your debts. It’s important to have realistic expectations and understand that settling your debts can take time and may not be possible in every case. These companies also cannot protect you from debt collection lawsuits.

Finally, it’s important to consider the potential impact on your credit score. Debt settlement can have a negative impact on your credit score, and it’s important to understand the consequences before deciding to pursue this option.

In conclusion, debt adjustment can be a viable option for debt relief in New Jersey, but it’s important to understand the laws and regulations surrounding this process. Working with a licensed debt adjustment company and having realistic expectations can help ensure a positive outcome. If you’re considering debt adjustment as a solution to your debt problems, consult with an experienced debt relief attorney to discuss your options and determine the best course of action for your specific situation.

Schedule a free telephone appointment to discuss your unique debt situation with attorney Jennifer Weil at my Setmore page.

How To Increase Your Credit Score After Bankruptcy

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So many people who are in debt are concerned about the impact of bankruptcy on their credit reports that they hesitate to file for bankruptcy. People are afraid that their credit will never recover from bankruptcy, especially since they know that a bankruptcy will be on their credit reports for ten years.

Does Bankruptcy Ruin Your Credit?

Because of the common view that bankruptcy ruins credit, I started paying attention to the post-bankruptcy credit reports of my clients, especially those clients who had gone through a Chapter 7. I started asking them to tell me about what credit offers they received, if any, right after their bankruptcy case ended. If they took those new credit offers, I wanted to hear what the freebie credit score estimators like Credit Karma (ad) said about their credit scores.

Surprisingly, these clients mostly received offers of new credit right after their Chapter 7 bankruptcy case was over. The offers were not great – often, they were for secured credit card accounts with low limits – but the point here is that my post-discharge Chapter 7 clients were receiving unsolicited offers of credit.

Not all of these post-bankruptcy clients accepted offers of new credit. When these clients checked their credit reports months after their bankruptcy cases were over, there was virtually no change. Their credit scores of those who had not accepted new credit offers had taken a hit from the bankruptcy itself, but then those scores hadn’t changed.

Steps To Improving Your Credit

However, there was significant improvement in the credit scores of post-bankruptcy clients who had accepted and used offers of new credit. The elements of building back up your credit score are key:

  • Clear out the bad debts from your credit reports (hint: debt settlement often doesn’t help);
  • Then accept offers of new credit – don’t go overboard here, because next…
  • You’ll need to use the new credit accounts, so don’t charge any more than you can easily pay off, in full and on time, each and every month. Even if you only charge $20 a month, that’s fine;
  • As your credit improves, accept the new, better credit offers that you receive;
  • Keep paying off your credit cards in full and on time every month.

After you’ve used bankruptcy to clear out your old, bad debts, you would use the above method to build your credit score back up.

How Debt Settlement Affects Your Credit

The above process is usually much faster than debt settlement, since debt settlement involves paying large amounts to creditors over time and then waiting 7 1/2 years for those bad debts to fall off your credit reports. The timeline may not matter for people whose bad debts have already fallen off their credit reports, but unless you fall into that category, you may want to speed things up.

Looking for bankruptcy help? Make a telephone appointment with attorney Jennifer Weil at (201) 676-0722. Or you can schedule your own phone appointment here.

Using credit reports in bankruptcy

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If you are considering a bankruptcy filing but you are concerned because you don’t remember which credit card companies you owe and/or exactly how much you owe them all, what do you do?

First, don’t worry. Remember – most, if not all, of your debts are on file somewhere – in your consumer credit reports. It is possible to pull your credit report from each of the three main consumer credit reporting agencies and find out what your creditors have reported with regard to what, and whom, you owe. These three agencies are Experian, Trans Union, and Equifax.

But what if you think you already know exactly who you owe and how much you owe them, prior to filing for bankruptcy? It is still a good practice to pull your credit reports before you file, anyway.

You should pull your credit reports because you may have forgotten a debt, a creditor may be reporting that you owe more than you think you do, and/or one or more of your debts may have been sold to a debt buyer without your knowledge. This is just a good due diligence practice.

The official site for free credit reports from all three credit reporting agencies is annualcreditreport.com. You don’t need to use the ones you see advertised on TV – they will cost you some money, possibly every month. So watch out what services you might be signing up for when you are surfing the net looking for credit report sources.

If you are going to hire an attorney to help with the bankruptcy, speak to that attorney first before you go to the trouble of pulling the reports, unless you just want to see them anyway. The attorney may already have a credit reporting service they want to use. Tell the attorney that you want a copy of the credit report they pull for you. Or, they may want you to pull your own reports first, before starting on your bankruptcy case. Different lawyers go about the preparation of a bankruptcy case in different ways.

Photo by Adam Baker.

Credit scores: Not all that and a bag of chips

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Without a doubt, one of the most frequent questions I get is about credit scores. The question is always some version of: Will a bankruptcy ruin my credit score forever?

Americans have an unhealthy obsession with bad credit, as though a credit score were an indicator of self worth. This obsession is unnecessary. You don’t need a good credit score to live a fulfilling and happy life. Even if you have bad credit, the sun will still come out tomorrow.

Do you want to work for a bank? Do you want to buy real estate someday? If so, you probably have legitimate reasons to be concerned with how your credit report looks to others. If not, stop worrying about your credit. It is not worth the energy you spend on thinking about it, believe me. But if it is a priority, there are ways you can rebuild credit.

And you’d think people who are on the verge of filing for bankruptcy must be starting out with good credit, considering all the energy they expend worrying about how it might ruin their credit scores. But you’d be wrong, for the most part. Sure, some people who file for bankruptcy early enough might still have a decent score, but honestly, most people who are serious about it already have bad credit.

If you are legitimately concerned with your credit, consider this: Those starting out with bad credit should look at how a bankruptcy can help begin to rebuild credit by providing a fresh start. Those starting out with good credit, but who have dischargeable debts they can’t pay, should be looking at how far down their credit score can go if they let their untenable debt situation continue its downward spiral.

Thinking about a bankruptcy in New Jersey? Call Jennifer Weil at 201-676-0722 for a free telephone consultation or email me at jweil@jenlawyer.com.

Photo by Pretty Poo Eater.

How long does a bankruptcy stay on your credit report?

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Bankruptcy filers who would like to rebuild their credit are justifiably concerned about how long a bankruptcy can appear on their credit report.

The answer is that bankruptcy information can stay on your report for 10 years. Most other types of negative information can be reported for 7 years.

Usually, a Chapter 7 stays on a credit report for 10 years while a Chapter 13 stays on a report for 7 years.

The Federal Trade Commission has a website explaining how to get free copies of your credit reports from the 3 major credit reporting companies. You should check your reports on a regular basis to make sure they do not contain any false information.

It is still possible to build a positive credit report even with a bankruptcy on your record, so long as you act carefully and methodically. If you’ve ever received credit card offers before, you are likely to receive them again after your bankruptcy.

If your goal is to build good credit, it’s worth your while to consider the post-bankruptcy card offers that you receive with an eye toward building a record of consistently and fully repaying an open line of credit.

If you are in New Jersey and considering Chapter 7 bankruptcy, please call me for a free telephone consultation at 201-676-0722.

The 4 Biggest Bankruptcy Myths

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Myth (Sphinx)

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You shouldn’t file for bankruptcy, ever. That’s what the conventional wisdom seems to say. But is this true? Here, I look at the 4 biggest bankruptcy myths faced by most people who are considering filing for bankruptcy.

You need to do what’s right for you. If filing for Chapter 7 bankruptcy turns out to be the right thing for you, then do it. Don’t let the naysayers get in your way.

Because here’s the thing: Each and every person who is having problems with debt needs to do their own analysis, preferably after consulting with one or more professionals, to determine whether Chapter 7 bankruptcy is right for them. Blanket negative statements about the evils of bankruptcy don’t help with your analysis.

Let’s look at these bankruptcy myths one at a time:

  1. You’ll ruin your credit score. If you’re having bad debt troubles, your credit score is probably not good. But maybe you’re still current on all your credit cards. Where that’s the case, your credit score has to go down if you truly cannot afford to pay your debts over the long haul. Don’t worry, there’s a way to improve your score.
  2. You won’t be able to get a new job. Yes, many employers run credit checks on prospective employees. But many employers do not. Sometimes it depends on what industry you are in. Trying to get a bank job? Banks will probably run credit checks on prospective employees. But many “mom-and-pop” small, non-corporate employers do not. In other words, this is a factor you should consider, but it may not be the end all, be all factor that decides whether or not you file.
  3. You won’t be able to rent an apartment. Here again, some landlords run credit checks and some do not. You probably won’t have your pick of every single new apartment to move into, but you wouldn’t have anyway, because some apartments rent for more than you can afford. This factor depends a lot on what’s available in the area where you want to live. So it’s something to consider, but it’s not the only factor (and not even a huge one, at that).
  4. Utility companies will make you put down a deposit. Utility services cannot be cut off because you filed for bankruptcy. If you owe a past debt to a utility, then you may have to put down a deposit after you file. This is why it’s a good idea to be current on your utility bills prior to filing for bankruptcy.

If you’d like help looking into whether bankruptcy is right for you, call (201) 676-0722 to schedule a free phone appointment with attorney Jennifer Weil.

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