If you are struggling with debt, bankruptcy can be your lifeline. In Florida, there is no limit to how many times you can file for bankruptcy. Regardless of your reason, you may file as many times as needed. However, there are time limits that require you to wait before filing again.
Federal laws on bankruptcy apply to the state, and understanding these can help you navigate the process smoothly.
What are the waiting periods for bankruptcy?
According to the U.S. Bankruptcy Code, the waiting period depends on the next Chapter you file and the Chapter of your previous filing:
- If you plan to file for another Chapter 7 bankruptcy after a Chapter 7, you need to wait for eight years.
- If you plan to file for Chapter 13 bankruptcy after a Chapter 13, you need to wait for two years.
- If you plan to file for Chapter 13 bankruptcy after a Chapter 7, you need to wait for four years.
- If you plan to file for Chapter 7 bankruptcy after a Chapter 13, you need to wait for six years from the date of the previous filing or after paying the Chapter 13 repayment plan in full.
These time limits prevent individuals from abusing the system. The waiting period starts on the date you filed your previous bankruptcy case.
Are there other limitations for repeat filings?
You may file for bankruptcy multiple times, provided that you follow the assigned time limits. However, your eligibility to repeat a bankruptcy filing depends on the “Prior Dismissal No-File Rule.”
If you failed to comply with court orders in your previous case within the last 180 days, you are not allowed to refile. This provision also applies if you requested dismissal after a creditor filed a motion for relief from stay.
Facing bankruptcy filings with assistance
While bankruptcy can offer a fresh start, its complex process comes with timelines and limitations. Consider reading more about the Bankruptcy Codes to help you make informed decisions. A bankruptcy attorney can also offer advice based on your situation.
