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How Often Can You File Bankruptcy in North Carolina?

Raleigh North Carolina Bankruptcy Lawyer: Helping You Rebuild Your Financial Future

At Cameron Bankruptcy Law, we understand the challenges that come with overwhelming debt and are here to fight for the peace of mind you and your family deserve. Our skilled attorneys are prepared to advise you on whether bankruptcy is the right step, help you determine which chapter to file, and guide you on the necessary actions before filing. Whether it’s your first time or you’re considering re-filing bankruptcy, our team will ensure you’re armed with the facts to make the best decision for your situation.

Re-Filing for Bankruptcy: How Often Can You File?

If you’ve already filed for bankruptcy but are again facing an unmanageable financial situation due to unforeseen expenses like medical bills, wage garnishment, or tax debt, you can re-file for bankruptcy protection. Bankruptcy is designed to provide permanent debt relief through a discharge, helping you start fresh. Whether you need Chapter 7, Chapter 11, or Chapter 13 bankruptcy, Cameron Bankruptcy Law can guide you through the process.

How North Carolina Bankruptcy Works

While bankruptcy is governed by federal law, North Carolina’s specific rules play a crucial role in your case. These laws determine what property you can keep during bankruptcy. The process works by terminating contracts between you and your creditors, providing a fresh financial start.

How Often Can You File for Bankruptcy?

Although there is no limit to how many times you can file for bankruptcy, there are specific time limits regarding when you can receive a discharge. The frequency with which you can receive another bankruptcy discharge depends on the type of bankruptcy previously filed, the chapter you intend to file, and the outcome of your previous case.

Time Limits for Bankruptcy Discharges:

  1. Chapter 7 to Chapter 7: If you received a Chapter 7 discharge, you must wait 8 years before filing for another Chapter 7.
  2. Chapter 13 to Chapter 13: After a Chapter 13 discharge, you can file for Chapter 13 again after 2 years.
  3. Chapter 7 to Chapter 13: After a Chapter 7 discharge, you must wait 4 years before filing for Chapter 13.
  4. Chapter 13 to Chapter 7: You can file for Chapter 7 bankruptcy 6 years after receiving a Chapter 13 discharge unless you paid off 70% of your unsecured debts.

What Happens If Your Bankruptcy Was Dismissed?

If your previous bankruptcy case was dismissed, the time frame for re-filing depends on whether your case was dismissed with or without prejudice. A case dismissed with prejudice could mean waiting 180 days before re-filing, while in cases involving bankruptcy fraud or other violations, you may face a longer ban or even a lifetime prohibition on filing.

Benefits of Filing for Bankruptcy

Filing for bankruptcy offers many advantages, including:

  • Stopping creditor harassment and lawsuits with an automatic stay
  • Wiping out qualifying debts for a fresh start
  • Protecting your assets through Chapter 13 repayment plans or Chapter 7 exemptions

Talk to a Raleigh Bankruptcy Attorney About Re-Filing

If you’re considering re-filing for bankruptcy, it’s important to consult with a knowledgeable bankruptcy attorney who can guide you through the process. At Cameron Bankruptcy Law, we can help you determine the best course of action and protect your rights. Contact us today for a FREE consultation to discuss your options and start rebuilding your financial future.