There is not a single bankruptcy law that will prevent you from filing for second bankruptcy in Georgia. A significant number of people, throughout the course of their lives, may face several instances of monetary stress, whether it takes the form of an unexpected expense or various kinds of debt.

Everyone goes through difficult times. When this happens, you may come to the conclusion that declaring bankruptcy is your only available choice. If you’ve already filed for bankruptcy once, you may wonder if there is a limit to the number of times you can file?

The correct response is “no.” A person can file for bankruptcy an unlimited number of times without facing any consequences. However, there are restrictions regarding the times and numbers of times that you can file for and be granted a discharge.

 

How Frequently Am I Allowed To File For Bankruptcy in Georgia?

The time constraints that apply to the filing of bankruptcy cases also apply to the discharge from bankruptcy. If you file for bankruptcy again too soon after the last one, you will not be granted a discharge from the previous bankruptcy. Therefore, in order to get a discharge from your debts in bankruptcy, you need to file after the waiting period has passed. If you find that you need to file for bankruptcy more than once, you should seek the assistance of an experienced bankruptcy attorney.

Do not stress over how your situation might be perceived. Things happen, and this is why bankruptcy exists. You may find that you need to file for bankruptcy a second time for a variety of reasons:

• Divorce
• Change in employment – loss or change in job
• A death in the family
• The failure of a company
• Illness or disability
• When a new baby is born or if you adopt a child
• Lawsuits filed for the purpose of debt collection, wage garnishments, foreclosures, and repossessions
• Overspending

Both happy and unfortunate situations occur in our lives, which can lead to dire financial situations that you may not be able to get out of without the assistance of the bankruptcy system.

The amount of time that must pass between bankruptcy files in order to be eligible for a discharge is contingent upon the chapter of bankruptcy that was filed in the past as well as the chapter of bankruptcy that will be filed in the present.

 

Time Periods Between Bankruptcy Filings – Eligibility for Discharge in Georgia

If your debts were discharged when you previously filed for bankruptcy, there might be an amount of time you have to wait before filing for bankruptcy again and receiving another discharge of their debts. The waiting period is there to prevent people from abusing the bankruptcy system and to discourage people from racking up large amounts of credit card debt. The following is a list of the current guidelines that may be found in the US Bankruptcy Code regarding the filing of numerous bankruptcies:

Filing several bankruptcies under Chapter 7: A debtor has the opportunity to receive a discharge in Chapter 7 proceedings that are filed once every eight years. In the event that the debtor’s previous Chapter 7 case was either dismissed or closed without a discharge, the debtor may be eligible for a discharge in a subsequent Chapter 7 case without having to wait the required eight years.

When Chapter 13 is Involved: If you were already granted a discharge in a Chapter 13 proceeding, you could not receive another discharge under Chapter 13 for at least two years after the initial discharge was granted.

If previous Chapter 7 or Chapter 13 cases were dismissed: If this occurred within the prior year, you might still be able to file a new Chapter 13 case. Your automatic stay will last less time, though. If you want to remain protected from your creditors throughout the term of the lawsuit, you will need to submit a motion to extend the stay. This is discussed further in this article.

In the preceding twelve months: If you have two or more Chapter 7 and/or Chapter 13 cases dismissed, you may file another Chapter 13 case. The automatic stay will not go into force upon filing the case. In order to shield yourself from your creditors while the case is pending, you will have to submit a motion called a motion to impose the stay.

Completed discharge in a Chapter 7 case: You won’t be eligible for a discharge in a Chapter 13 case for a period of four years if you file for bankruptcy first under Chapter 7, then under Chapter 13.

After receiving a discharge in a Chapter 13 case: If it was filed less than six years ago, you wouldn’t get a new discharge for a Chapter 7 case.

Filing for bankruptcy under Chapter 13, then Chapter 7: If you received a discharge that was filed less than six years ago for a Chapter 13 case, then you are eligible for a discharge in Chapter 7. However, you may be deemed ineligible for Chapter 13 bankruptcy relief if you have paid less than 70 percent of your unsecured creditors according to the terms of their Chapter 13 repayment plan.

Because of factors such as the amount of money they owe, the length of time the bankruptcy will remain on their record, or the various ways they can repay their debts, some debtors may decide to file a different kind of bankruptcy the second time around.

An expert bankruptcy attorney can explain the various options that are open to you and your family, as well as recommend the best debt relief plan that fits your needs.

 

What Is a Bankruptcy Discharge?

Your duty under the law to make payments on debt is discharged when you file for bankruptcy. In other words, a discharge eliminates the obligation to pay the debt. The goal of submitting a bankruptcy claim is to be granted a discharge from financial responsibility for one’s debts.

In the event of bankruptcy, the majority of unsecured debts are eligible for discharge. The following are examples of debts that can typically be discharged through the bankruptcy process:

• Medical debts
• Personal loans
• Credit card debts
• Most judgments
• Previous payments for the rent and the lease
• a few delinquent old income tax bills
• Deficiency due to defaults caused by foreclosures and repossessions

The majority of debts owed to the government, including alimony, child support, and restitution, cannot be discharged through bankruptcy.

However, you can apply for Chapter 13 bankruptcy to repay these bills over a longer period of time. The chance to get caught up on past due payments on things like car loans and mortgages is another benefit of filing for bankruptcy under Chapter 13.

 

What Happens If the Previous Charges Against You Were Not Dropped in Georgia?

A bankruptcy case may be dismissed or closed by the court without a discharge being granted in certain circumstances. This may occur if you didn’t show up in court, did not give the required paperwork, hid assets, disregarded a court order, did not complete the second financial management course, or voluntarily dismissed your own case. In these circumstances, you have the ability to promptly file a second bankruptcy case, provided that the previous case was not dismissed with prejudice by the court.

In the event that you file for second bankruptcy in Georgia but have no intention of seeing each case through to its conclusion, the court may reject the case with prejudice. The waiting period is 180 days before you may file for bankruptcy once more if this happens. It is possible that the 180-day waiting time may only apply to the filing of a Chapter 13 bankruptcy case, but it is also possible that it will apply to the filing of other bankruptcy cases as well. It is possible that the protection you are providing against your creditors could be compromised if you file several Chapter 13 cases that are subsequently dismissed.

 

Filing Second Bankruptcy in Georgia Summarized

If you receive a discharge under Chapter 7 and then file for Chapter 13 bankruptcy, you may be eligible for an extension of the repayment period for debts that cannot be discharged under Chapter 7, such as child support or spousal support, or for debts that were incurred after the initial Chapter 7 bankruptcy filing.

You have options if you’re behind on your post-petition payment obligations or if you have accrued new debt after filing your initial Chapter 13 case. You might be eligible to file a second Chapter 13 case consecutively. The second Chapter 13 would extend their current repayment schedule by an additional five years.

If you file for a second bankruptcy petition within a short period of time, you run the risk of being disqualified for a discharge and losing the protection from creditors that bankruptcy normally provides. Or, the judge may conclude that the debtor has filed for bankruptcy with malicious intent, in which case the case will be dismissed with prejudice, and the debtor will be barred from submitting a subsequent claim. In addition, having a history of many bankruptcies on a credit record might make it challenging to qualify for a loan or to locate lenders who offer competitive interest rates.

 

Call Today For a Free Consultation From An Experienced  Georgia Bankruptcy Lawyer at Morgan & Morgan

Times can get tough. Talk with a bankruptcy lawyer if you are considering filing bankruptcy again to go over your available choices. Filing bankruptcy at any time can be overwhelming and difficult.

If you need to do it more than once, you might struggle with the decision even more. Trusting the lawyer you choose to point you in the right direction is important. Make sure you discuss all options with them before committing to a decision. Furthermore, You can contact us at Morgan Lawyers. We can help simplify the process and help you with your bankruptcy process.​

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